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NEISLOSS v. BUSH

No. 15774.

293 F.2d 873 (1961)

Myron NEISLOSS and Randolph Phillips, Appellants, v. John W. BUSH et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 8, 1961.

Attorney(s) appearing for the Case

Mr. Joseph L. Rauh, Jr., Washington, D. C., with whom Mr. John Silard, Washington, D. C., was on the brief, for appellants.

Mr. Robert W. Ginnane, Gen. Counsel, I. C. C., of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Asst. Atty. Gen. George C. Doub, at the time the brief was filed, and Messrs. Morton Hollander, Atty., Dept. of Justice, and Arthur J. Cerra, Asst. Gen. Counsel, I. C. C., were on the brief, for appellees.

Before Mr. Justice REED, retired, and WASHINGTON and DANAHER, Circuit Judges.

Mr. Justice REED, sitting by designation.

This case is a proceeding arising from the acquisition of control of the New York Central Railroad Company by Alleghany Corporation, a Maryland corporation engaged in the investment business. Appellants are two common stockholders of Alleghany. They appeal from the summary dismissal in the District Court of a complaint seeking declaratory and mandatory relief against certain actions taken by the Interstate Commerce Commission...

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