In the Matter of the Application of Guaranty Trust Company of New York as Trustee of the Trust, Described as Petroleum Research Fund and Created by Shell Oil Company Incorporated and Others. American Chemical Society et al., Appellants; Independent Refiners Association of America et al., Intervenors-Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 18, 1956.
December 18, 1956.
Attorney(s) appearing for the Case
Theodore Kiendl of counsel (Walter D. Fletcher, Andrew Y. Rogers, Taggart Whipple, J. Dormer Cannon and Henry L. King with him on the brief; Davis Polk Wardwell Sunderland & Kiendl, attorneys), for Guaranty Trust Company of New York, as trustee of the Petroleum Research Fund, appellant.
Elisha Hanson of counsel (E. Douglas Hamilton and Burton K. Farber with him on the brief; Elisha Hanson, Arthur B. Hanson, Brown, Cross & Hamilton, attorneys), for American Chemical Society, appellant.
Edwin Jason Dryer of counsel (Lilleston, Spradling, Gott & Stallwitz, Jochems, Sargent & Blaes, Oppenheimer, Hodgson, Brown, Baer & Wolff and Meyers & Batzell with him on the brief; Blum, Jolles, Gruber Szabad & Gersen, attorneys), for Independent Refiners Association of America et al., intervenors-respondents.
Peter H. Kaminer of counsel (Kenneth M. Spence, William A. Delano and William W. Karatz with him on the brief; Winthrop, Stimson, Putman & Roberts, attorneys), for South Penn Oil Company; (Lowenstein, Pitcher, Spence, Hotchkiss, Amann & Parr, attorneys), for Quaker State Oil Refining Corp. et al., intervenors-respondents.
BOTEIN, J. P., RABIN, FRANK and BERGAN, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
VALENTE, J.
The record before us presents a proper case for the exercise of discretionary power to grant intervention, as found in subdivision 2 of section 193-b of the Civil Practice Act. We construe this section as applying to both actions and proceedings.
To limit discretionary supervision to actions only, as contended by the appellant, is to utterly disregard the considerations which led to its enactment...
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