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SCHWARTZ v. EATON

No. 85, Docket 25219.

264 F.2d 195 (1959)

Sandor SCHWARTZ, Plaintiff-Appellant, v. Cyrus S. EATON, Walter J. Tuohy, and Cyrus S. Eaton, Jr., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided February 24, 1959.

Concurring Opinion February 26, 1959.

Attorney(s) appearing for the Case

Sidney L. Garwin, New York City (J. Milton Fainer, New York City, on the brief), for plaintiff-appellant.

Carl E. Newton, of Donovan, Leisure, Newton & Irvine, New York City (Walter R. Mansfield, Helmut F. Furth, and Thomas J. Garrity, of Donovan, Leisure, Newton & Irvine, New York City, on the brief), for defendants-appellees.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and GIBSON, District Judge.

CLARK, Chief Judge.

The issues on this appeal arise in a derivative action brought by plaintiff, as a stockholder of The Chesapeake & Ohio Railway Co., against Alleghany Corporation, various past and present directors of C & O and of Alleghany, and two other individuals, Clinton W. Murchison and Sidney W. Richardson, with C & O also named as defendant. Summons and complaint were served on defendants Cyrus S. Eaton...

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