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ALLEGHANY CORPORATION v. KIRBY

No. 173, Docket 28397.

333 F.2d 327 (1964)

ALLEGHANY CORPORATION, Plaintiff-Appellant, v. Allan P. KIRBY, Charles T. Ireland, Jr., and Fred M. Kirby, Defendants-Appellees, Randolph Phillips, Defendant.

United States Court of Appeals Second Circuit.

Decided May 19, 1964.

Petition for Rehearing Granted July 22, 1964.

Attorney(s) appearing for the Case

Stuart N. Updike, New York City (Townley, Updike, Carter & Rogers, New York City, on the brief; James B. Donovan, Lee W. Meyer, Ronald S. Daniels, Richard J. Barnes, Watters & Donovan, New York City, of counsel), for plaintiff-appellant.

Granville Whittlesey, Jr., New York City (Donovan, Leisure, Newton & Irvine, New York City, on the brief; Roy W. McDonald, Robert M. Loeffler, Walter L. Stratton, John J. McCann, Ben Vinar, New York City, of counsel), for defendants-appellees.

Before MOORE, FRIENDLY and KAUFMAN, Circuit Judges.

Petition for Rehearing en banc Granted July 22, 1964.

MOORE, Circuit Judge:

For some ten years, the subject matter of the lawsuit now on appeal has been before the New York State and federal courts. The particular aspect now presented is an appeal from a judgment in an action in the district court wherein plaintiff (appellant), Alleghany Corporation, sought to set aside, as obtained by fraud, a settlement of stockholders' derivative actions. Alleghany Corp...

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