MARCO v. BANK OF NEW YORK

Civ. A. No. 130-290.

272 F.Supp. 636 (1967)

William MARCO, as Administrator of all and singular, the goods, chattels and credits of Harry Marco, Deceased, a stockholder of Blue Ridge Corporation, now Blue Ridge Mutual Fund, Inc., on behalf of himself and all other stockholders similarly situated, and on behalf of Blue Ridge Corporation, now Blue Ridge Mutual Fund, Inc. and Ridge Realization Corporation, as assignee of Blue Ridge Corporation, Plaintiff, v. The BANK OF NEW YORK and Arthur H. Dean, as the Executors of the Estate of John Foster Dulles, Deceased, Sidney J. Weinberg, Waddill Catchings, Walter E. Sachs, Arthur Sachs, Howard J. Sachs, Henry S. Bowers, Louis E. Kilmarx, Blue Ridge Corporation, now Blue Ridge Mutual Fund, Inc. and Ridge Realization Corporation, Defendants.

United States District Court S. D. New York.

June 29, 1967.


Attorney(s) appearing for the Case

David M. Palley, New York City, for plaintiff.

Fennelly, Douglas, Eagan, Nager & Voorhees, New York City, for Blue Ridge Corp. and Ridge Realization Corp., Leo C. Fennelly, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendants The Bank of New York and Arthur H. Dean, as Executors, etc., Milton Pollack, and Henry N. Ess III, New York City, of counsel.


OPINION

HERLANDS, District Judge:

Begun in 1936 and tried in 1967, this litigation is an unfortunate exemplar of the Jarndyce v. Jarndyce genre. See Holdsworth, Charles Dickens As A Legal Historian (1929) 79-115; Vaughan, Dickens and His Lawyers, 41 ABAJ 595, 597-598 (1955). From September, 1936 until January 7, 1958, the case was in the New York State courts, shuttling back and forth between the motion parts...

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