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ALLEGHANY CORPORATION v. KIRBY

No. 490, Docket 29652.

344 F.2d 571 (1965)

ALLEGHANY CORPORATION, Plaintiff-Appellee, v. Allan P. KIRBY, Charles T. Ireland, Jr., and Fred M. Kirby, Defendants-Appellees, Randolph Phillips, Defendant, Margaret L. Holt and Kathleen L. McMahon, Applicants-Appellants.

United States Court of Appeals Second Circuit.

Decided April 21, 1965.

Certiorari Granted June 1, 1965.

Attorney(s) appearing for the Case

Stuart N. Updike, of Townley, Updike, Carter & Rodgers, New York City (J. Howard Carter, Lee W. Meyer, Ronald S. Daniels, Richard J. Barnes, New York City, on the brief), for applicants-appellants.

Mark F. Hughes, of Willkie, Farr, Gallagher, Walton & FitzGibbon, New York City (Vincent R. FitzPatrick, New York City, on the brief), for plaintiff-appellee.

Walter R. Mansfield, of Donovan, Leisure, Newton & Irvine, New York City (John E. Tobin, New York City, on the brief), for defendants-appellees.

Before KAUFMAN, HAYS and ANDERSON, Circuit Judges.

Certiorari Granted June 1, 1965. See 85 S.Ct. 1772.

KAUFMAN, Circuit Judge:

As Judge Friendly recently wrote, "The affairs of Alleghany Corporation, from its founding by the Van Sweringen brothers in 1929, have given rise to a flood of litigation that must be unparalleled in American corporation law." Willheim v. Murchison, 342 F.2d 33 (2 Cir. Feb. 10, 1965). The aspect of that litigious...

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