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FRIEDMAN v. CHESAPEAKE AND OHIO RAILWAY COMPANY

Nos. 66 Civ. 1080.

261 F.Supp. 728 (1966)

Irving D. FRIEDMAN and Sylvia Friedman, on behalf of themselves and in a representative capacity on behalf of all other owners and/or holders of Baltimore and Ohio convertible 4½% income bonds due February 1st, 2010, Plaintiffs, v. CHESAPEAKE AND OHIO RAILWAY COMPANY and Baltimore and Ohio Railroad Company, Defendants.

United States District Court S. D. New York.

December 8, 1966.

Attorney(s) appearing for the Case

Charles J. Fine, New York City, for plaintiffs.

Donovan, Leisure, Newton & Irvine, New York City, for defendant Chesapeake and Ohio Ry. Co. (Carl E. Newton, Robert F. Morten, William P. Moyles, New York City, of counsel).

Alexander & Green, New York City for defendant Baltimore and Ohio R. Co. (Donald M. Dunn, Eugene Z. DuBose, New York City, of counsel).

OPINION

MacMAHON, District Judge.

Plaintiffs move to strike a defense that they lack standing and for leave to serve an amended complaint. Defendant Baltimore and Ohio Railroad Company ("B&O") cross-moves for summary judgment.

The complaint purports to assert a class action on behalf of plaintiffs and all other holders of defendant B&O's convertible 4½% income bonds, due February 1, 2010, and seeks to recover principal and interest on...

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