BRESWICK & CO., Randolph Phillips and Myron Neisloss, as common stockholders of Alleghany Corporation, individually and on behalf of all other common stockholders of Alleghany Corporation similarly situated, Plaintiffs,
v.
UNITED STATES of America, Interstate Commerce Commission, Alleghany Corporation, et al., Defendants.
United States District Court S. D. New York.https://leagle.com/images/logo.png
September 27, 1957.
September 27, 1957.
Attorney(s) appearing for the Case
Rosston, Hort & Brussel, New York City (George Brussel, Jr., New York City, and Eugene G. King, New York City, of counsel), for Breswick & Co. and Myron Neisloss.
Randolph Phillips, pro se.
Robert W. Ginnane, Gen. Counsel, Washington, D. C. (B. Franklin Taylor, Jr., Asst. Gen. Counsel, Washington, D. C., on the brief), for Interstate Commerce Commission.
Simpson, Thacher & Bartlett, White & Case, New York City, Wheeler & Wheeler, Washington, D. C. (Whitney North Seymour and David Hartfield, Jr., New York City, Edward K. Wheeler, Washington, D. C., David W. Wallace, New York City, of counsel), for Alleghany Corp.
Proskauer, Rose, Goetz & Mendelsohn, New York City (Harold H. Levin, New York City, Marvin E. Frankel, Washington, D. C., and Allen L. Feinstein, New York City, of counsel), for defendants Joseph S. Gruss et al.
Edward M. Garlock, New York City, for defendants Baker, Weeks & Co., Oscar Gruss & Son, Irving Neuman as Trustee under a Deed of Trust dated November 6, 1943, and Edward Gornish.
Samuel A. Mehlman, New York City, and pro se.
Alexander Kahan, New York City, and Arthur W. Lichtenstein, New York City (Alexander Kahan, New York City, of counsel), for Adelaide Neuwirth and common stockholders of Alleghany Corp., representatively.
Before CLARK, Circuit Judge, and DIMOCK and WALSH, District Judges.
United States District Court S. D. New York.
WALSH, District Judge.
Plaintiffs, common stockholders of Alleghany Corporation, by this action seek review of an order of the Interstate Commerce Commission authorizing Alleghany to issue certain stock.1 We had previously held that the Commission lacked jurisdiction to promulgate the order and that the issue was subject to the Investment Company Act, 15 U.S. C.A. § 80a-1 et seq. The Supreme...
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