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McDONNELL v. TABAH

No. 190, Docket 27259.

297 F.2d 731 (1961)

C. E. H. McDONNELL, as Trustee in Re-organization of Equitable Plan Company, Plaintiff-Appellee, v. Fred TABAH, Defendant-Appellant, and Lowell M. Birrell, Samuel J. Smiley, Louis A. Schnider, Joseph Leznoff, Harry Workman, Harold J. Simon, Edward I. Daspin, Sol R. Kurlander, Abe Weitzman, Juan F. Aguilar-Leon, Raul De Juan, Joseph W. Crosby, Susan R. Miller, Harry M. Cutler, H. W. Perlmutter, Bell Container Corporation, Synta Corporation, Reg. Trust, Pan American Investment Corporation, Charles Holdings, Inc., Defendants.

United States Court of Appeals Second Circuit.

Decided December 27, 1961.

Attorney(s) appearing for the Case

Edward C. Kalaidjian, New York City (John C. Crawley, Robert S. Stitt, and Thacher, Proffitt, Prizer, Crawley & Wood, New York City, on the brief), for plaintiff-appellee.

Louis Bender, New York City, for defendant-appellant.

Before LUMBARD, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

PER CURIAM.

The background of what the trial judge quite properly described as "a bold and outrageous corporate swindle," involving one million fraudulently issued shares of the common stock of Doeskin Products, Inc. is described in the opinions written in connection with certain interlocutory proceedings. See Ferguson v. Birrell, S. D.N.Y., 1960, 190 F.Supp. 506, aff'd sub nom. Ferguson v. Tabah, 2 Cir., 1961,

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