LEVIN v. RUBY TRADING CORPORATION

No. 458, Docket 28786.

333 F.2d 592 (1964)

George C. LEVIN and James V. Hallisey, as Trustees in Reorganization of the Estates of Swan-Finch Oil Corporation, Keta Gas and Oil Company and Swan Finch Petro Chemical Corporation, Plaintiffs-Respondents. v. RUBY TRADING CORPORATION, Lowell M. Birrell, Herbert A. Birrell, Harry Casper and Lois B. Morrill, Defendants, Peter Jakobson Corporation, Peter Jakobson, Applicants for Intervention-Appellants.

United States Court of Appeals Second Circuit.

Decided June 9, 1964.


Attorney(s) appearing for the Case

William M. Kahn, New York City (David W. Kahn and William M. Kahn, New York City) (Emil & Kobrin, New York City) (Lawrence A. Kobrin and Loren A. Wittner, New York City, of counsel), for appellants.

James V. Hallisey, New York City (George C. Levin, James V. Hallisey, New York City), for respondents.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.


FRIENDLY, Circuit Judge.

This action was brought in the District Court for the Southern District of New York in August, 1962, by the Trustees in Reorganization of Swan-Finch Oil Corporation, Keta Gas and Oil Company, and Swan Finch Petro Chemical Corporation. The complaint alleged that various frauds on these companies had been perpetrated by Lowell Birrell commencing in May, 1954; that he controlled Ruby Trading Corporation...

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