IN RE EQUITABLE PLAN COMPANY


185 F.Supp. 57 (1960)

In the Matter of the Ancillary Proceeding of EQUITABLE PLAN COMPANY, Debtor.

United States District Court S. D. New York.

June 9, 1960.


Attorney(s) appearing for the Case

Kelley, Drye, Newhall & Maginnes, New York City, for petitioner, New York Agency of Toronto-Dominion Bank. Hancock Griffin, Jr., New York City, and John J. Loflin, Jr., New York City, of counsel.

Thacher, Proffitt, Prizer, Crawley & Wood, New York City, for trustee in reorganization of Equitable Plan Co. Edward C. Kalaidjian and Robert S. Stitt, New York City, of counsel.

Sage, Gray, Todd & Sims, New York City, for New York Agency of Royal Bank of Canada. Melber Chambers and Richard M. Siegel, New York City, of counsel.

Shearman, Sterling & Wright, New York City, for Clement J. Ings, Asst. Agent at New York Agency of Bank of Nova Scotia. Herman E. Compter, New York City, of counsel.


HERLANDS, District Judge.

This action is another chapter in the attempt to unravel the affairs and make whole the victims of Lowell Birrell, presently a fugitive from justice under indictment for crimes arising out of his financial activities.

The plaintiff (hereinafter "the trustee") is the trustee in bankruptcy of the Equitable Plan Company, a mutual investment company which owns a large stockholding in Doeskin Products, Inc.

A derivative stockholder...

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