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FINN v. EMPIRE TRUST CO.

121 F.Supp. 309 (1950)

FINN v. EMPIRE TRUST CO. et al.

United States District Court S.D. New York.

April 15, 1950.

Attorney(s) appearing for the Case

Lorenz, Finn & Lorenz, by John F.X. Finn, Joseph Lorens, and Norman C. Mendes, New York City, for plaintiff.

McNamara & Seymour, New York City, by U. S. Grant and Charles Green Smith, New York City, for Empire Trust Co., individually and as trustee under Trust Indenture dated April 1, 1928, Newcombe C. Baker, P. Lyndon Dodge, Clinton T. Revere, Charles D. Halsey, George Carmichael, George L. Hackl, Jr., Louis A. Gibbs, Van R. Halsey and Louis L. Allen.

Simpson, Thacher & Bartlett, New York City, by Louis Connick and B. C. Milner, New York City, for Robert Haydock et al.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, by Ralph M. Carson and Edward J. McGratty, New York City, for Ramon O. Williams.

Lord, Day & Lord, New York City, by T. F. Daly, New York City, for Corn Products Refining Co.

Bruce E. Grunden, New York City, for William A. Barber.

BONDY, District Judge.

The plaintiff, as trustee of Childs Company (hereinafter called "Childs"), debtor in reorganization proceedings under Chapter X of the Bankruptcy Act, 11 U. S.C.A. § 501 et seq., seeks to recover damages from defendants on three separately alleged causes of action.

The first cause of action has been brought to recover for losses sustained by Childs, its stockholders and creditors as a result of the acts of defendants in causing...

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