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WESTHEIMER v. BENNETT

172 F.Supp. 294 (1959)

Duffie H. WESTHEIMER, acting in her own behalf, and on behalf of all others similarly situated, Plaintiff, v. Charles BENNETT, Brown Brothers Harriman & Co., Fahnestock & Co., Charles S. Greene, J. Lewis Henry, individually and as Chairman of the Stockholders Committee of Fleming-Hall Tobacco Co., Inc. (Liq.), E. F. Hutton & Co., Jaw & Co., Kean Taylor & Co., Marvin H. Chandler, Alexander Korn, Sol C. Korn, Kuhn, Loeb & Co., Merrill Lynch, Pierce, Fenner & Smith, Ann Leff Millstein, Gilbert D. Roulston, L. F. Rothschild & Co., and The Standard Commercial Tobacco Co., Inc., Defendants.

United States District Court S. D. New York.

March 26, 1959.

Attorney(s) appearing for the Case

Samuel Becker, New York City, for plaintiff.

Rubin & Rubin, New York City, for defendant, Jaw & Co., Martin S. Ackerman, New York City, of counsel.

DIMOCK, District Judge.

Plaintiff sues on behalf of herself and all other former preferred stockholders of Fleming-Hall Tobacco Co., Inc. Among the defendants are former common stockholders of that corporation. The complaint alleges that, on dissolution of the corporation, its assets were distributed to its preferred and common stockholders but that the Commissioner of Internal Revenue has initiated transferee proceedings...

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