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MASSIE v. ERIE R. CO.

No. 10575.

196 F.2d 130 (1952)

MASSIE et al. v. ERIE R. CO.

United States Court of Appeals Third Circuit.

Decided April 21, 1952.

Attorney(s) appearing for the Case

For Appellant: Ralph W. Chandless, Hackensack, N. J. (Chandless, Weller, Kramer, & Frank, Hackensack, N. J., on the brief).

For Appellee: Duane E. Minard, Newark, N. J. (Hobart, Minard & Cooper, Newark, N. J., on the brief).

Before BIGGS, Chief Judge, HASTIE, Circuit Judge, and HARTSHORNE, District Judge.

BIGGS, Chief Judge.

The plaintiffs appeal from an order granting summary judgment against them and in favor of Erie on June 13, 1951. The complaint, filed December 19, 1947, in the United States District Court for the District of New Jersey, alleged fraud and breach of fiduciary duty by Erie with respect to the assets of its subsidiary, the New York and New Jersey Railroad Company. Relief was sought by the plaintiffs on behalf of themselves and others similarly situated...

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