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ACKERT v. UNION PAC. R.R. CO.

4 A.D.2d 819 (1957)

Philip H. Ackert et al., Individually and in Behalf of All Other Stockholders of Spokane International Railroad Company, Similarly Situated, Respondents, v. Union Pacific Railroad Company et al., Appellants Philip H. Ackert et al., Individually and in Behalf of All Other Stockholders of Spokane International Railroad Company, Similarly Situated, Respondents, v. Union Pacific Railroad Company, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1957

The order should be affirmed in the first above-entitled action, with $10 costs and disbursements, without prejudice to the right of the defendant to make an appropriate application for an increase in the undertaking upon a showing of a change in circumstances.

The order in the second above-entitled action, insofar as appealed from, should be affirmed, with $10 costs and disbursements.

VAUGHAN, J. (concurring in part and dissenting in part).<...

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