BRESWICK & CO. v. UNITED STATES


160 F.Supp. 754 (1958)

BRESWICK & CO. et al., Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court S. D. New York.

March 27, 1958.


Attorney(s) appearing for the Case

Harold H. Levin, of Proskauer, Rose, Goetz & Mendelsohn, New York City, for defendants Gruss and others.

Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Whitney North Seymour, of Simpson, Thacher & Bartlett, New York City (David Hartfield, Jr., of White & Case, New York City, Edward K. Wheeler, of Wheeler & Wheeler, Washington, D. C., and David W. Wallace, New York City, on the brief), for defendant Alleghany Corp.

Alexander Kahan, New York City, for defendant Adelaide Neuwirth and other common stockholders of Alleghany Corp.

Edward M. Garlock, New York City, for defendants Baker, Weeks & Co., Oscar Gruss & Son, Irving Neuman as trustee under a deed of trust dated Nov. 6, 1943, and Edward Gornish.

Lewis M. Dabney, Jr., New York City, for Crystal Ross Dabney, proposed intervenor.

George Brussel, Jr., of Rosston, Hort & Brussel, New York City, for plaintiffs Breswick & Co. and Myron Neisloss.

Randolph Phillips, New York City, plaintiff, pro se.

Before CLARK, Circuit Judge, and RYAN and DIMOCK, District Judges.


CLARK, Circuit Judge.

The only matter remaining open on the Supreme Court's reversal and remand, Alleghany Corp. v. Breswick & Co., 355 U.S. 415, 78 S.Ct. 421, 2 L.Ed.2d 374, of our previous holding in Breswick & Co. v. United States, D.C.S.D.N.Y., 156 F.Supp. 227,1 is the contention by common stockholders of Alleghany Corporation that the preferred stock issue...

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