CARROLL v. NEW YORK, NEW HAVEN & HARTFORD R.R.

Civ. A. Nos. 56-243, 56-279.

141 F.Supp. 456 (1956)

Tressie R. CARROLL v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD et al. Helene GLENMORE v. George ALPERT et al.

United States District Court D. Massachusetts.

May 23, 1956.


Attorney(s) appearing for the Case

Donald T. Field, Boston, Mass., for Tressie R. Carroll and for security holders of New York, New Haven & Hartford Railroad Co. except Helene Glenmore.

Julius Levy, Pomerantz, Levy & Haudek, New York City, and J. Joseph Maloney, Jr., Maguire & Roche, Boston, Mass., for Helene Glenmore.

John L. Hall and Richard Wait, Choate, Hall & Stewart, Boston, Mass., for New York, New Haven & Hartford Railroad Co. and George Alpert.

Edward B. Hanify (of Ropes, Gray, Best, Coolidge & Rugg), Boston, Mass., and Charles W. Bartlett (of Ely, Bartlett, Thompson & Brown), Boston, Mass., for F. C. Dumaine, Jr., W. B. Snow, Joseph B. Ely, Russell Makepeace and Amoskeag Co.

Charles C. Cabot and Henry V. Atherton (of Herrick, Smith, Donald, Farley & Ketchum), Boston, Mass., for Union Securities Corp.

Arthur L. Brown, Boston, Mass., for Patrick B. McGinnis.

Edmund M. Sweeney and William T. Griffin, New York City, for New York, New Haven & Hartford Railroad Co., George Alpert, Patrick F. McDonald, Homer O. Whitman and Edward F. Williams.

Herbert Burstein, New York City, for William M. Goss, George T. Carmichael, Bernard B. Badgley and Homer O. Whitman.

Frederic J. Muldoon and James B. Muldoon, Boston, Mass., for Patrick F. McDonald.

Calvin P. Bartlett (of Hill, Barlow, Goodale & Wiswall), Boston, Mass., for Richard E. Pritchard.

Thomas M. Joyce, Boston, Mass., for John I. Ahern.


WYZANSKI, District Judge.

These are two related cases. Motions to dismiss and for summary judgment have been filed by defendants. In each case a holder of common stock of the New York, New Haven & Hartford Railroad brings a typical stockholder's class suit against the directors of his company complaining that they by illegal acts have deprived the corporation of assets. In each suit there is joined as a defendant the corporation. In each suit the claim of federal...

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