TODD v. MARYLAND CASUALTY CO.

No. 8879.

155 F.2d 29 (1946)

TODD et al. v. MARYLAND CASUALTY CO. et al.

Circuit Court of Appeals, Seventh Circuit.

April 26, 1946.


Attorney(s) appearing for the Case

Gottlieb & Schwartz, Marvin J. Welfeld, and Claude A. Roth, all of Chicago, Ill. (H. N. Gottlieb, Jack H. Oppenheim, and Maurice Rosenfield, all of Chicago, Ill., and James Morfit Mullen, of Baltimore, Md., of counsel), for appellants.

Carl Meyer, Leo F. Tierney, and Donald M. Graham, all of Chicago, Ill. and Frederick W. Brune, of Baltimore, Md. (Mayer, Meyer, Austrian & Platt, of Chicago, Ill., and Semmes, Bowen & Semmes, of Baltimore, Md., of counsel), for Reconstruction Finance Corporation.

J. F. Dammann and James W. Close, both of Chicago, Ill., Harry N. Baetjer and Austin J. Lilly, both of Baltimore, Md. (Wilson & McIlvaine, of Chicago, Ill., and Venable, Baetjer & Howard, of Baltimore, Md., of counsel), for Maryland Casualty Co.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


MAJOR, Circuit Judge.

This is an appeal from a decree entered January 26, 1945, dismissing for want of equity a suit to set aside as illegal, inequitable, and in breach of fiduciary relationship certain transactions (called "1942 plan") consummated September 9, 1942, between the Reconstruction Finance Corporation (called "RFC") and Maryland Casualty Company, a corporation (called "Maryland"), and its wholly owned subsidiaries, involving an increase of $12,500,000...

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