RIESER v. BALTIMORE AND OHIO RAILROAD COMPANY

No. 13, Docket 23560.

228 F.2d 563 (1955)

Norvin RIESER, Milton S. Koblitz, George S. Champlin, E. M. Dart Mfg. Co., Lillian Boehm, Bernard Fein, Kathryn P. Braithwaite and Edward F. Quirke, and Emanuel Josephson, Rubin Slavsky, Raymond Wiley and William W. Lange v. The BALTIMORE and OHIO RAILROAD COMPANY.

United States Court of Appeals Second Circuit.

Decided December 2, 1955.


Attorney(s) appearing for the Case

Louis Boehm and Nathan B. Kogan, New York City (Victor House, Abraham K. Weber and Spencer Pinkham, New York City, of counsel), for appellants.

Abraham K. Weber, New York City, for Kathryn P. Braithwaite and Edward F. Quirke.

Louis H. O. Fischman, New York City, for intervening appellants.

Cravath, Swaine & Moore, New York City (Ralph L. McAfee, George M. Billings and Edward C. Perkins, New York City, of counsel), for appellee.

Before FRANK, HINCKS and WATERMAN, Circuit Judges.


FRANK, Circuit Judge.

The facts are fully stated in Judge Murphy's opinion, D.C., 123 F.Supp. 44.

1. In their brief filed in this court, plaintiffs say that their suit is but "an old-fashioned creditors' bill" by "creditors of a corporate principal debtor against its sole stockholder for violation of its fiduciary duties as such stockholder," and that this suit, substantively, rests on no New York statute. Since, then...

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