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CHABOT v. EMPIRE TRUST COMPANY

189 F.Supp. 666 (1960)

Aleen CHABOT, Plaintiff, v. EMPIRE TRUST COMPANY, National Securities & Research Corporation and National Securities Series, Defendants. Seymour SCHWARTZ, Plaintiff, v. NATIONAL SECURITIES SERIES, National Securities & Research Corporation and Empire Trust Company, Defendants.

United States District Court S. D. New York.

December 15, 1960.

Attorney(s) appearing for the Case

Albert Schlefer, Brooklyn, N. Y., for plaintiff Aleen Chabot.

Rosenthal & Gurkin, New York City, William E. Haudek, of Pomerantz, Levy & Haudek, New York City, of counsel, for plaintiff Seymour Schwartz.

Donovan, Leisure, Newton & Irvine, New York City, Roy W. McDonald and Robert V. Dunn, New York City, of counsel, for defendant Empire Trust Co.

MacMAHON, District Judge.

These are motions in companion actions to stay proceedings until the plaintiff in each action delivers to the defendant Empire Trust Company a bond in the amount of $35,000, to indemnify it for the costs and expenses of defending the actions.

"National Securities Series" is a name used to refer to a Mutual Fund composed of various types of securities. The Fund was organized on June 1, 1940 as a common law trust under the laws of New...

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