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SCHMITT v. JACOBSON

Civ. A. No. 68-300-W.

294 F.Supp. 346 (1968)

William A. SCHMITT, Trustee of Gold Medal Packing Corp., Bankrupt v. Eli JACOBSON, M. Howard Jacobson, Irving W. Jacobson, and John Jacobson.

United States District Court D. Massachusetts.

December 30, 1968.

Attorney(s) appearing for the Case

Joseph P. Dunn, Jr., Boston, Mass., Laurence F. Sovik, Syracuse, N. Y., M. Gilbert Hubbard, Utica, N. Y., for plaintiff.

John M. Harrington, Jr., Ropes & Gray, Boston, Mass., Charles Seligson, Harvey R. Miller, Seligson & Morris, New York City, for defendants.

OPINION

WYZANSKI, Chief Judge.

Defendants move for summary judgment on the eleventh, twelfth, and thirteenth counts.

The counts under attack allege that three individual defendants as officers, directors, and stockholders of the bankrupt corporation injured the stockholders and creditors of the bankrupt, and, (so far as concerns Count 12, par. 82, and Count 13, par. 84) the bankrupt corporation as well, by the individual defendants' conspiracy not...

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