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DABNEY v. ALLEGHANY CORPORATION

164 F.Supp. 28 (1958)

Crystal Ross DABNEY, as a Stockholder of Alleghany Corporation, on behalf of herself and all other stockholders similarly situated, Plaintiff, v. ALLEGHANY CORPORATION et al., Defendants.

United States District Court S. D. New York.

July 15, 1958.

Attorney(s) appearing for the Case

Lewis M. Dabney, Jr., New York City, for plaintiff.

White & Case, New York City, for defendants. David Hartfield, Jr., Morton Moskin, New York City, of counsel.

DAWSON, District Judge.

In this action two motions have been presented.

1. The first is a motion by the defendants, made under § 11(e) of the Securities Act of 1933 (15 U.S.C.A. § 77k(e)) requiring the plaintiff to file an undertaking for payment of costs in this suit, including reasonable attorneys' fees.

2. The second is a motion by the plaintiff, pursuant to Rule 56(a) and 56 (b) of the Rules of Civil Procedure, 28 U.S.C.A. for summary...

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