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LEVINE v. N. Y. C. R. R. CO.

58 Misc.2d 1086 (1967)

Robert L. Levine et al., in Their Own Behalf and on Behalf of All Other Stockholders Similarly Situated, and on Behalf of Peoria & Eastern Railway Company, Plaintiffs, v. New York Central Railroad Company et al., Defendants.

Supreme Court, Special Term, New York County.

June 29, 1967

Attorney(s) appearing for the Case

Gerald E. Dwyer, J. H. Shapiro and Jared Jussim for defendants. Robert Markewich and Laurence W. Levine for plaintiffs.

ABRAHAM J. GELLINOFF, J.

This is a motion by defendants for summary judgment dismissing the amended complaint. Plaintiffs cross-move for summary judgment in their favor upon the second cause of action.

The action is brought by a director and two stockholders of the Peoria & Eastern Railway Company (hereinafter referred to as "Peoria") in behalf of Peoria and in behalf of themselves and all other...

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