McDONNELL v. BIRRELL


196 F.Supp. 496 (1961)

C. E. H. McDONNELL, as Trustee in Reorganization of Equitable Plan Company, Plaintiff, v. Lowell M. BIRRELL et al., Defendants.

United States District Court S. D. New York.

July 17, 1961.


Attorney(s) appearing for the Case

Thacher, Proffitt, Prizer, Crawley & Wood, New York City, for plaintiff. Edward C. Kalaidjian, John C. Crawley and Robert S. Stitt, New York City, of counsel.

Ernest Angell, New York City, for Thomas J. Connellan and Frank I. Bertsch, Fiscal Agents of Doeskin Products, Inc.

Haight, Gardner, Poor & Havens, New York City, for defendant, Joseph W. Crosby. Richard L. Maher, New York City, of counsel.

Zelby & Burstein, New York City, for defendant, Harold J. Simon. Herbert Burstein and Seymour Teitlebaum, of counsel.

Samuel H. Levinkind, New York City, for defendants, Samuel J. Smiley, Charles Holdings, Inc., Harry M. Cutler and Louis A. Schnider.

Leinwand, Grossman & Maron, New York City, for defendants, Edward I. Daspin and Bell Container Corp., Isidor E. Leinwand and Allan Graff, New York City, of counsel.

Moses L. Kove, New York City, appearing specially for Fred Tabah.

Also present:

Mr. Samuel J. Smiley.

Mr. Fred Tabah.

Mr. Louis A. Schnider.


PALMIERI, District Judge.

Preliminary Statement

On July 5, 6 and 7, 1961, the first cause of action in this derivative suit was tried before me. The trial followed many months of dedicated effort by plaintiff's counsel to expose a bold and outrageous corporate swindle. The issues now presented for final adjudication relate to plaintiff's prayer for the return and cancellation of one million fraudulently issued shares of Doeskin Products, Inc. (Doeskin)....

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