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WALSH AND LEVINE v. PEORIA AND EASTERN RAILWAY COMPANY

222 F.Supp. 516 (1963)

WALSH AND LEVINE, a partnership, Plaintiff, v. The PEORIA AND EASTERN RAILWAY COMPANY, the New York Central Railroad Company and the Cleveland, Cincinnati, Chicago and St. Louis Railway Company, Defendants.

United States District Court S. D. New York.

October 9, 1963.

Attorney(s) appearing for the Case

Laurence W. Levine, New York City, for plaintiff; Jay Levine, New York City, of counsel.

Gerald E. Dwyer, New York City, for defendants; Jerome H. Shapiro, New York City, of counsel.

TYLER, District Judge.

On defendants' motions to dismiss the complaint for lack of jurisdiction and failure to state a claim upon which relief can be granted, the facts recited are as appear from the complaint.

The plaintiff in this action is a law partnership which holds common stock of defendant Peoria and Eastern Railway Company ("Peoria"). Peoria common stock is traded on the New York Stock Exchange. Defendant New York Central Railroad Company ("Central...

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