GRATZ v. CLAUGHTON

No. 147, Docket 21660.

187 F.2d 46 (1951)

GRATZ et al. v. CLAUGHTON.

United States Court of Appeals Second Circuit.

Decided February 6, 1951.

Writ of Certiorari Denied April 30, 1951.


Attorney(s) appearing for the Case

Higgins, Brenner & Higgins, New York City, Joseph T. Higgins, Philip A. Brenner, New York City, J. Richard Kafes, Trenton, N. J., Julius Kuschner, New York City, of counsel, for defendant-appellant, Edward N. Claughton.

Milton Pollack, New York City, Milton Pollack, Irving K. Rubin and Richard F. Wolfson, all of New York City, of counsel, for appellee, Stella Gratz.

White & Case, New York City, Orison S. Marden, David Hartfield, Jr. and Melvin L. Milligan II, all of New York City, of counsel, for plaintiff-appellee, Missouri-Kansas-Texas R. Co.

Newell A. Clapp, Acting Asst. Atty. Gen., Irving H. Saypol, U. S. Atty. for Southern District of New York, New York City, Edward H. Hickey, Attorney, Department of Justice, Donald B. MacGuineas, Attorney, Department of Justice, Washington, D. C., for the United States, intervenor-appellee.

Before L. HAND, Chief Judge, and SWAN and AUGUSTUS N. HAND, Circuit Judges.


Writ of Certiorari Denied April 30, 1951. See 71 S.Ct. 741.

L. HAND, Chief Judge.

This is an appeal by the defendant, Claughton, from a judgment against him, entered upon the report of a master, in an action by a shareholder of the Missouri-Kansas-Texas Railroad Company under § 16(b) of the Securities Exchange Act of 1934.1 The railroad was originally named as a defendant and was later made a co-plaintiff; and the United States...

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