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WILLHEIM v. MURCHISON

231 F.Supp. 142 (1964)

Else WILLHEIM and Randolph Phillips, Plaintiffs, v. John D. MURCHISON and Clint W. Murchison, Jr., copartners, doing business as Murchison Brothers, Investors' Diversified Services, Inc., and Investors Mutual, Inc., Defendants.

United States District Court S. D. New York.

June 22, 1964.

Attorney(s) appearing for the Case

Leonard I. Schreiber, New York City, for plaintiff Willheim.

Randolph Phillips, pro se.

Debevoise, Plimpton, Lyons & Gates, New York City, Samuel E. Gates, J. Asa Rountree, New York City, of counsel, for Investors Diversified Services, Inc.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, Philip C. Potter, Jr., and Dennis H. Allee, New York City, of counsel, for Investors Mutual, Inc.

Townley, Updike, Carter & Rodgers, New York City, Stuart N. Updike, Lee W. Meyer, New York City, of counsel, for John D. Murchison.

George E. MacKinnon, Minneapolis, Minn., General Counsel for Investors Mutual, Inc.

DAWSON, District Judge.

This is a motion for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure. Pursuant to the provisions of subsection (d) of this rule, the Court by interrogating counsel ascertained what material facts exist without substantial controversy and what material facts were actually and in good faith controverted.

THE FACTS

The following facts appear to exist without substantial...

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