ALLEGHANY CORPORATION, Plaintiff-Appellant,
v.
Allan P. KIRBY, Charles T. Ireland, Jr., and Fred M. Kirby, Defendants-Appellees,
Randolph Phillips, Defendant.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Submitted November 9, 1964.
Decided January 12, 1965.
Attorney(s) appearing for the Case
Townley, Updike, Carter & Rodgers, New York City (Stuart N. Updike, J. Howard Carter, Lee W. Meyer, Ronald S. Daniels, Richard J. Barnes, Peter G. Kelly, New York City, of counsel), for plaintiff-appellant.
Donovan, Leisure, Newton & Irvine, New York City (Granville Whittlesey, Jr., James V. Hayes, Robert M. Loeffler, Walter L. Stratton, John J. McCann, Ben Vinar, New York City, of counsel), for defendants-appellees.
Before WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS, MARSHALL and ANDERSON, Circuit Judges.
United States Court of Appeals Second Circuit.
PER CURIAM.
Subsequent to the filing of the three opinions in this case on May 19, 1964, reported at 333 F.2d 327, plaintiff-appellant petitioned for a rehearing by the full court. This petition was granted on July 22, 1964, Chief Judge Lumbard disqualifying himself and not participating. Later, the court having ordered that the rehearing be without oral argument, briefs were submitted by the parties, the last and final brief in rebuttal...
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