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KING v. KINGS COUNTY LAFAYETTE TRUST COMPANY

No. 68-C-645.

323 F.Supp. 640 (1970)

Mrs. Carl KING, Administratrix of the Will of Mrs. Marjorie Frampton Dobbs, and Samuel Candler Dobbs, Jr., Plaintiffs, v. KINGS COUNTY LAFAYETTE TRUST COMPANY, Trustee (formerly known as Lafayette National Bank of Brooklyn in New York), Defendant, M. E. Kilpatrick and C. H. Candler, Jr., as Trustees under Trust Agreement dated December 9, 1940, Intervenor-Defendants.

United States District Court, E. D. New York.

September 15, 1970.

Attorney(s) appearing for the Case

Cichanowicz & Callan, New York City, Hoke Smith, James R. Harper, Atlanta, Ga., for plaintiffs; Michael J. Ryan, New York City, of counsel.

Wrenn & Schmid, Brooklyn, N. Y., for defendant; Pallister Feely, Brooklyn, N. Y., of counsel.

Hall, Casey, Dickler & Howley, New York City, M. E. Kilpatrick, Emmet J. Bondurant, Atlanta, Ga., for intervenor-defendants; John Howley, New York City, of counsel.

ZAVATT, District Judge.

This case involves competing claims of ownership of approximately 11,000 shares of Coca-Cola stock held by the Kings County Lafayette Trust Company (Trust Co.) pursuant to a 1936 trust agreement hereinafter referred to. The plaintiffs claim that the trust agreement was terminated by the settlor, the plaintiff Samuel Candler Dobbs, Jr. (hereinafter Dobbs, Jr.), and his deceased wife, Marjorie Frampton Dobbs, (hereinafter Mrs. Dobbs, Jr.) pursuant...

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