Murray FERGUSON, as Trustee in Reorganization of Equitable Plan Company, Plaintiff-Appellee,
v.
Fred TABAH, Louis A. Schnider, Sol R. Kurlander, Clayville Truck Rental Corp., Pan American Investment Corporation, Charles Holdings, Inc., and Doeskin Products, Inc., Defendants-Appellants.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued February 14, 1961.
Decided April 13, 1961.
Attorney(s) appearing for the Case
Thacher Proffitt, Prizer, Crawley & Wood, New York City (Edward C. Kalaidjian, John C. Crawley and Robert S. Stitt, New York City, of counsel), for appellee.
Meyer, Kissell, Matz & Seward, New York City (Lester Kissel and James C. Quigley, New York City, of counsel), for appellants Fred Tabah and Pan American Inv. Corp.
McCarthy, Kapelman & Nathanson, New York City (I. Z. Nathanson and Samuel Aleyner, New York City, of counsel), for appellants Doeskin Products, Inc. and Clayville Truck Rental Corp.
Samuel H. Levinkind, New York City, for appellants Louis A. Schnider, Sol Kurlander and Charles Holdings, Inc.
Walter P. North, Gen. Counsel, and Irving M. Pollack, Asst. Gen. Counsel, Washington, D. C. (Kiva Berke, New York City, of counsel), for the Securities and Exchange Commission, amicus curiae.
Ernest Angell, New York City (William Stackpole, New York City, of counsel), on behalf of himself, opposing the petition for writ of mandamus brought by appellants Doeskin Products, Inc.
Before LUMBARD, Chief Judge, and CLARK and SMITH, Circuit Judges.
United States Court of Appeals Second Circuit.
SMITH, Circuit Judge.
This appeal represents yet another in the long series of attempts to straighten out the financial chaos and ruin left by Lowell M. Birrell when that gentleman forsook these shores for those of our southern hemisphere neighbor, Brazil.1 Plaintiff is Trustee in Reorganization of the Equitable Plan Company, a California industrial loan company allegedly milked of $8 million by Mr. Birrell. Defendant Doeskin Products...
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