SLATER v. GULF, MOBILE & OHIO R. R. CO.


279 A.D. 166 (1951)

William A. Slater et al., as Trustees under The Will of William A. Slater, Deceased, et al., Appellants-Respondents, v. Gulf, Mobile and Ohio Railroad Company et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 13, 1951.


Attorney(s) appearing for the Case

Watson Washburn of counsel (Perkins, Malone & Washburn, attorneys), for appellants-respondents.

Edward K. Hanlon and William R. Meagher of counsel (Louis S. Weeks, Jr., Theodore Kiendl and Samuel J. Murray with them on the brief; Beekman & Bogue, attorneys for Gulf, Mobile and Ohio Railroad Company; Davis Polk Wardwell Sunderland & Kiendl, attorneys for Chicago, Burlington & Quincy Railroad Company), for respondents-appellants.

GLENNON and COHN, JJ., concur with DORE, J.; PECK, P. J., and CALLAHAN, J., dissent in part in opinion.


DORE, J.

Plaintiffs, trustees, and a stockholders' committee for 6% guaranteed preferred stockholders of Kansas City, St. Louis and Chicago Railroad Company (hereinafter "Kansas City") appeal from two orders of Special Term: (1) dated April 19, 1951, denying plaintiffs' motion for summary judgment, and (2) dated April 27, 1951, granting defendants' motion for summary judgment as to the first cause of action for...

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