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WELCH v. ATLANTIC GULF & WEST INDIES STEAMSHIP LINES

No. 82, Docket 22473.

200 F.2d 199 (1952)

Charles WELCH, Plaintiff-Appellant, v. ATLANTIC GULF & WEST INDIES STEAMSHIP LINES, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 19, 1952.

Attorney(s) appearing for the Case

M. Mac Schwebel, New York City (Harry Silver, New York City, on the brief), for appellant.

Greenman, Shea, Sandomire & Zimet, New York City (Frederick F. Greenman, Daniel M. Sandomire and Robert H. Haines, New York City, of counsel), for appellee.

Before SWAN, Chief Judge, and CHASE and CLARK, Circuit Judges.

PER CURIAM.

Judgment is affirmed on the opinion below, D.C., 101 F.Supp. 257. The appellant's effort to distinguish Guttmann v. Illinois Central R. Co., 2 Cir., 189 F.2d 927, certiorari denied 342 U.S. 867, 72 S.Ct. 107 cannot prevail. The sentence upon which counsel relies for the attempted distinction is a restriction upon the payment of dividends on the common stock; it does not impose an obligation...

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