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GILSON v. CHOCK FULL O'NUTS CORPORATION

No. 90, Docket 28316.

331 F.2d 107 (1964)

Jerome L. GILSON and Morris J. Levy, Plaintiffs-Appellants, v. CHOCK FULL O'NUTS CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 3, 1964.

Rehearing Granted March 12, 1964.

Decided April 24, 1964.

Attorney(s) appearing for the Case

Morris J. Levy, New York City, for plaintiffs-appellants.

Debevoise, Plimpton, Lyons & Gates, New York City (Samuel E. Gates, J. Asa Rountree and Cecil Wray, Jr., New York City, of counsel), for defendant-appellee.

Before LUMBARD, Chief Judge, and SWAN, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges.

Rehearing in Banc Granted March 12, 1964.

FRIENDLY, Circuit Judge.

After this appeal had been decided by the panel, 326 F.2d 246 (2d Cir. 1964), a majority of the Court voted to grant defendant's petition that it be reheard in banc. We did this in the belief that the appeal raised the issue whether in a case where an attorney for a stockholder does nothing more than find a ...

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