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SCHNEIDER v. McKESSON & ROBBINS, INCORPORATED

No. 218, Docket 24799.

254 F.2d 827 (1958)

Walter SCHNEIDER, John J. Vogler and Julian J. Bursten, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. McKESSON & ROBBINS, Incorporated, a corporation and Guaranty Trust Company of New York, a corporation.

United States Court of Appeals Second Circuit.

Decided May 1, 1958.

Attorney(s) appearing for the Case

Baker, Garber & Chazen, Hoboken, N. J. (Nathan Baker, Hoboken, N. J., of counsel; Bernard Chazen, Hoboken, N. J., on the brief), for plaintiff-appellants.

Hodges, Reavis, McGrath & Downey, New York City (C. Frank Reavis, Martin D. Jacobs, Robert Thrun, Frederick R. Adler and Laurence C. Ehrhardt, New York City, of counsel), for defendant-appellee McKesson & Robbins, Inc.

McGuigan & Kilcullen, New York City (E. Gayle McGuigan, New York City, of counsel), for defendant-appellee Guaranty Trust Co.

Before LUMBARD, WATERMAN and MOORE, Circuit Judges.

WATERMAN, Circuit Judge.

The appellants, suing on behalf of themselves and all others similarly situated, commenced this action in the District Court to establish the extent of their interest in certain funds held by the defendant Guaranty Trust Company under a trust agreement entered into between Guaranty Trust and the defendant McKesson & Robbins, a former employer of the appellants. McKesson & Robbins' defense motion for summary judgment, accompanied by...

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