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QUIRKE v. NORFOLK AND WESTERN RAILWAY COMPANY

No. 68, Docket 30496.

367 F.2d 864 (1966)

Edward F. QUIRKE and Sylvia Martin, Plaintiffs-Appellants-Appellees, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellee-Appellant.

United States Court of Appeals Second Circuit.

Decided October 25, 1966.

Attorney(s) appearing for the Case

Laurence W. Levine, New York City (Walsh & Levine, New York City, on the brief), for plaintiffs-appellants-appellees.

Francis S. Bensel, New York City (Kelley, Drye, Newhall, Maginnes & Warren, New York City, on the brief), for defendant-appellee-appellant.

Before SMITH, HAYS and FEINBERG, Circuit Judges.

PER CURIAM:

In this action in the United States District Court for the Southern District of New York by common shareholders of defendant Norfolk and Western Railway Company for relief under Sections 14 and 27 of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78n and 78aa, based on an alleged misleading proxy statement issued in connection with a meeting of defendant's stockholders, plaintiffs and defendant moved for summary judgment. The court, Charles...

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