SCHWARTZ v. BOWMAN


244 F.Supp. 51 (1965)

Sandor SCHWARTZ, Plaintiff, v. Robert J. BOWMAN et al. and the Chesapeake & Ohio Railway Co., Defendants.

United States District Court S. D. New York.

July 19, 1965.


Attorney(s) appearing for the Case

J. Milton Fainer, New York City, for plaintiff; Sidney L. Garwin, New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendants, Cyrus S. Eaton, Walter J. Tuohy and Cyrus S. Eaton, Jr.; Carl E. Newton, Helmut F. Furth, M. Lauck Walton, Edward F. McCabe, New York City, of counsel.

Lord, Day & Lord, New York City, for defendant, Anita O'Keeffe Young, executrix of the estate of Robert R. Young, deceased; Thomas F. Daly, Robert D. Bentley, New York City, of counsel.

Watters & Donovan, New York City, for defendant Alleghany Corp.; James M. Fitzsimons, Thomas D. Wellington, New York City, of counsel.

Kissam & Halpin, New York City, for defendant Allan P. Kirby; Leo T. Kissam, Anthony S. Genovese, New York City, of counsel.

Satterlee, Warfield & Stephens, New York City, for defendant Clinton W. Murchison; Henry J. Formon, Jr., New York City, of counsel.

John Howley, New York City, for defendant Chesapeake & Ohio Ry. Co.


FREDERICK van PELT BRYAN, District Judge:

Plaintiff, the holder of 100 shares of common stock of The Chesapeake & Ohio Railway Company (C. & O.), brings this derivative action on behalf of C. & O. against Alleghany Corporation (Alleghany), various persons who are or were officers and directors of either Alleghany or C. & O. or both and the executrix of a deceased director. C. & O. is named as a nominal...

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