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FIRST NAT. BANK OF HOLLYWOOD v. AMERICAN FOAM RUB. CORP.

No. 60 Civ. 2328.

306 F.Supp. 593 (1969)

FIRST NATIONAL BANK OF HOLLYWOOD, Dorothy Buchman and A. Sander Buchman, as Executors of Samuel Buchman, Deceased, Plaintiffs, v. AMERICAN FOAM RUBBER CORPORATION, Milton R. Ackman, as Trustee of A F R, Marie Louise deMontmollin, Alexander F. Pathy and Suzanne M. Pathy, Defendants.

United States District Court S. D. New York.

July 23, 1969.

Attorney(s) appearing for the Case

Whyman & Whyman, New York City, for plaintiffs; Martin N. Whyman, New York City, of counsel.

Winer, Neuburger & Sive, New York City, for defendants; David Sive, New York City, of counsel.

Kleeberg & Greenwald, New York City, for defendant Ackman; Jacob Greenwald, New York City, of counsel.

OPINION

COOPER, District Judge.

American Foam Rubber Corporation (hereinafter AFR) was organized in 1950 under the laws of the State of New York. From the time of organization until May 17, 1957, Samuel Buchman served as its president and operating head. On the latter date an agreement (hereinafter the Buy-Sell Agreement) was entered into between Buchman and the individual defendants, Alexander F. Pathy (hereinafter...

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