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FULLER v. DILBERT

244 F.Supp. 196 (1965)

Stephen D. FULLER, Paul A. Fuller, Volney Righter, as Executor of the Last Will and Testament of Brewster Righter, deceased, and Martin Davis, Plaintiffs, v. Arthur DILBERT, Samuel Dilbert and Abraham Dilbert, Defendants. Abraham DILBERT, Defendant, v. Arthur DILBERT and Samuel Dilbert, Co-Defendants.

United States District Court S. D. New York.

August 7, 1965.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, New York City, for plaintiffs, Thomas A. Shaw, Jr., Walter R. Shepard, New York City, of counsel.

Schwartz, Nathanson & Frank, New York City, for defendants Arthur Dilbert and Samuel Dilbert, George H. Schwartz, Paul E. Gelbard, New York City, of counsel.

John R. Peddy, New York City, for defendant Abraham Dilbert.

WEINFELD, District Judge.

This litigation revolves about a contract for the sale of a block of unregistered stock of Dilbert's Quality Supermarkets, Inc., a corporation which had been engaged in the supermarket and food store business in the Metropolitan New York area. The litigants are (1) Arthur and Samuel Dilbert, the sellers of the stock; (2) Abraham Dilbert, their cousin, the purchaser of the stock; and (3) the partners of an investment and underwriting concern...

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