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  5. 17 A.D.2d 193 (1962)
 

MANN v. COMPANIA PETROLERA TRANS-CUBA

17 A.D.2d 193 (1962)

Honey Mann, Respondent, v. Compania Petrolera Trans-Cuba S. A., Respondent Armando Soto, Proposed Intervenor-Appellant; Peter L. F. Sabbatino, as Receiver, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 15, 1962.

Attorney(s) appearing for the Case

Leonard B. Boudin of counsel (Victor Rabinowitz and Henry Winestine with him on the brief; Rabinowitz & Boudin, attorneys), for appellant.

Hobart L. Brinsmade of counsel (Allen McGrath with him on the brief; Brinsmade & Schafrann, attorneys), for Honey Mann, respondent.

Arthur Goldstein of counsel (Joseph Slavin with him on the brief), for Compania Petrolera Trans-Cuba S. A., respondent.

McNALLY and EAGER, JJ., concur with RABIN, J. P.; STEVENS, J., dissents in opinion, in which VALENTE, J., concurs.

RABIN, J. P.

This is an action brought pursuant to section 977-b of the Civil Practice Act by an American stockholder of an allegedly nationalized Cuban corporation.

In August, 1960, by ex parte order obtained in the Supreme Court, New York County, a temporary receiver was appointed for the defendant "Compania Petrolera Trans-Cuba, S. A." — a Cuban corporation which at the time had $1,800,000 on...

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