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COLLINGS v. BUSH MANUFACTURING CO.

No. 180, Docket 24816.

256 F.2d 573 (1958)

John K. COLLINGS, Plaintiff-Appellant, v. BUSH MANUFACTURING CO., Cecil Boling, The Heat-X-Changer Co., Inc., James W. Hatch and Edward M. Flannery, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 17, 1958.

Attorney(s) appearing for the Case

Wise, Valentine & Cresap, New York City (Logan Cresap, New York City, of counsel), for plaintiff-appellant.

Gordon, Brady, Caffrey & Keller, New York City (Bernard Phillips, Leroy C. Curtis, New York City, of counsel), for defendants-appellees.

Before LUMBARD, WATERMAN and MOORE, Circuit Judges.

WATERMAN, Circuit Judge.

This action was brought by plaintiff for rescission, or in the alternative, for damages, based on several causes of action allegedly arising out of the exchange by the plaintiff of 5,900 shares of stock of the defendant Heat-X-Changer Co. Inc., for 11,800 shares of stock of the defendant Bush Manufacturing Company. Several grounds for recovery are asserted by the plaintiff, but his basic complaint is that certain assets of the defendant Heat...

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