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KROESE v. NEW YORK STOCK EXCHANGE

227 F.Supp. 519 (1964)

John S. KROESE, Plaintiff, v. NEW YORK STOCK EXCHANGE and Texas Pacific Land Trust, Defendants.

United States District Court S. D. New York.

February 26, 1964.

Attorney(s) appearing for the Case

Younger & Younger, New York City, for plaintiff; Irving Younger, New York City, of counsel.

Milbank, Tweed, Hadley & McCloy, New York City, for defendant New York Stock Exchange.

Kelley, Drye, Newhall, Maginnes & Warren, New York City, for Trustees of Texas Pacific Land Trust; Francis S. Bensel, New York City, of counsel.

DAWSON, District Judge:

Both defendants in this action have moved for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure.

The following facts appear to exist without substantial controversy:

Plaintiff John S. Kroese is an owner of sub-share certificates of proprietary interest in the defendant Texas Pacific Land Trust (Texas Pacific). Texas Pacific is a trust established on February 1, 1888, under a declaration of trust. Texas Pacific...

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