MARCO v. DULLES


169 F.Supp. 622 (1959)

William MARCO, as administrator of all and singular, the goods, chattels and credits of Harry Marco, deceased, a stockholder of Blue Ridge Corporation, now Blue Ridge Mutual Fund, Inc., on behalf of himself and all other stockholders, similarly situated, and on behalf of Blue Ridge Corporation, now Blue Ridge Mutual Fund, Inc., and Ridge Realization Corporation as assignee of Blue Ridge Corporation, Plaintiff, v. John Foster DULLES, Arthur H. Dean and David R. Hawkins, as Executors of the Estate of Harrison Williams, Deceased, John Foster Dulles, Sidney J. Weinberg, Waddill Catchings, Walter E. Sachs, Arthur Sachs, Howard J. Sachs, Henry S. Bowers, Louis E. Kilmarx, Blue Ridge Corporation now Blue Ridge Mutual Fund, Inc. and Ridge Realization Corporation, Defendants.

United States District Court S. D. New York.

January 12, 1959.


Attorney(s) appearing for the Case

David M. Palley, New York City, for plaintiff.

Sullivan & Cromwell, New York City, Milton Pollack, New York City, of counsel, for defendants, Walter E. Sachs, Waddill Catchings, Sidney J. Weinberg and David R. Hawkins, as Executor.

Fennelly, Eagan, Nager & Lage, New York City, Leo C. Fennelly, New York City, of counsel, for Ridge Realization Corporation.

James F. Donnelly, Orrin G. Judd, Frederick Rehberger, Edward R. Wardwell, New York City, special counsel, New York County Lawyers' Ass'n, amici curiæ.

Mark N. Donohue, New York City, Chairman Committee on Professional Ethics of The Association of Bar of City of New York. Maxwell Evarts, James E. Hughes, Philip C. Scott, George A. Spater, New York City, of counsel, amici curiæ.


FREDERICK van PELT BRYAN, District Judge.

This is a stockholders' derivative suit charging former directors of Blue Ridge Corporation and others alleged to be co-conspirators with wrongful diversion of corporate assets to their own profit and advantage and to the large damage of the corporation.

Plaintiff administrator claims to be the owner of 35 shares of Blue Ridge Corporation common stock. The individual defendants named in the complaint are former directors...

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