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BATA v. BATA

306 N.Y. 96 (1953)

Thomas J. Bata et al., Respondents, v. Jan A. Bata, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 23, 1953

Attorney(s) appearing for the Case

Henry Cohen, Rudolf B. Schlesinger, Jonathan B. Bingham and Beate Bloch for appellant.

Inzer B. Wyatt, Alfred Jaretzki, Jr., and Robert MacCrate for respondents.

LEWIS, Ch. J., CONWAY, DESMOND and DYE, JJ., concur with FROESSEL, J.; FULD, J., dissents and votes to reverse and dismiss the complaint for the reasons set forth in the opinion of the two dissenting Appellate Division Justices; VAN VOORHIS, J., taking no part.

FROESSEL, J.

We are here confronted with an unfortunate family controversy between plaintiffs, the widow and only son of Thomas Bata, on the one hand, and defendant Jan Bata, Thomas's twenty-year younger half brother, on the other. Thomas Bata (hereinafter referred to as Thomas) was an unusually capable Czech industrialist, the ninth in line of a family of shoemakers, dating from the sixteenth century. Though born...

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