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LEVIN v. MISSISSIPPI RIVER CORPORATION

No. 67 Civ. 5095.

289 F.Supp. 353 (1968)

Betty LEVIN, on behalf of herself and all other holders of the Class B Common Stock of Missouri Pacific Railroad Company, and on behalf of said Corporation, Plaintiff, v. MISSISSIPPI RIVER CORPORATION, Missouri Pacific Railroad Company, Robert H. Craft, T. C. Davis and Thomas F. Milbank, Defendants.

United States District Court S. D. New York.

July 30, 1968.

Attorney(s) appearing for the Case

Orans, Elsen & Polstein, New York City, for plaintiff, Betty Levin, Sheldon H. Elsen, Lewis Shapiro, New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for plaintiff-intervenor, Alleghany Corp., Granville Whittlesey, Jr., New York City, of counsel.

Sullivan & Cromwell, New York City, for defendants, Mississippi River Corp. and Missouri P. R. R. Co., Edward W. Keane, Michael M. Maney, New York City, of counsel.

OPINION

HERLANDS, District Judge:

Defendants Mississippi River Corporation and Missouri Pacific Railroad Company move, in the alternative, (1) to transfer this action, pursuant to 28 U.S.C. § 1404(a), from this Court to the United States District Court for the Eastern District of Missouri, Eastern Division (St. Louis); or (2) to dismiss this action (a) for failure to join indispensable parties, pursuant to Rules 12(b) (7) and 19(b), Fed.R.Civ.P., or...

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