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HAWKINS v. LINDSLEY

No. 123, Docket 28198.

327 F.2d 356 (1964)

Ray HAWKINS, individually and on behalf of all other common stockholders of The Tonopah Mining Company of Nevada similarly situated, Plaintiff-Appellant, v. Thayer LINDSLEY et al., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided February 5, 1964.

Attorney(s) appearing for the Case

Lillian Eichman, New York City, for appellant.

Wickes, Riddell, Bloomer, Jacobi & McGuire, New York City, for certain defendants; Herbert J. Jacobi, New York City, of counsel.

Sullivan & Cromwell, New York City, for certain defendants; Marvin Schwartz, New York City, of counsel.

Milton Pollack, New York City, for The Tonopah Mining Co. of Nevada; Milton Pollack and Irving K. Rubin, New York City, of counsel.

Before SWAN, CLARK and MARSHALL, Circuit Judges.

SWAN, Circuit Judge:

This is an appeal from Judge Levet's order of February 20, 1963, denying plaintiff's motion under Rule 60(b) (1) and (6), F.R.Civ.P. to vacate various judgments and orders previously entered in this much-litigated action, and denying also plaintiff's motion under Rule 25 (a), F.R.Civ.P. to substitute as parties defendant the executors of certain deceased defendants. Plaintiff has also appealed from denial on March 22, 1963 of his motion for reargument...

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