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MERRITT-CHAPMAN & SCOTT CORP. v. NEW YORK TRUST CO.

No. 71, Docket 21781.

184 F.2d 954 (1950)

MERRITT-CHAPMAN & SCOTT CORP. v. NEW YORK TRUST CO.

United States Court of Appeals Second Circuit.

Decided November 8, 1950.

Attorney(s) appearing for the Case

White & Case, New York City (Joseph M. Hartfield, Jesse E. Waid and Edward J. Kenn, all of New York City, of counsel), for defendant-appellant.

Booth & Baron, New York City (George C. Baron and Frederick Doppelt, New York City, of counsel), for intervenor-appellant.

Manning, Harnisch, Hollinger, Quinnan & Shea, New York City (John J. Manning, William Hughes Mulligan and Edwin A. Lewis, all of New York City, of counsel), for appellee.

Before LEARNED HAND, Chief Judge, and SWAN and CLARK, Circuit Judges.

SWAN, Circuit Judge.

This litigation involves the rights of holders of stock purchase warrants issued by Merritt-Chapman & Scott Corporation pursuant to a trust deed made with The New York Trust Company as trustee under date of December 1, 1928, with respect to a stock dividend declared by the corporation on July 12, 1950. The case is before us upon appeal from a summary judgment in a declaratory judgment action.1 Federal jurisdiction...

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