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HABERMAN v. MURCHISON

No. 729, Docket 72-1138.

468 F.2d 1305 (1972)

Simon V. HABERMAN, Plaintiff-Appellant, v. John D. MURCHISON et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 30, 1972.

Attorney(s) appearing for the Case

Bennett Frankel, New York City, for plaintiff-appellant.

Debevoise, Plimpton, Lyons & Gates, New York City (J. Asa Rountree, Norman A. Senior), New York City, for defendants-appellees John D. Murchison, Clint W. Murchison, Jr., and Murchison Brothers.

Cahill, Gordon, Sonnett, Reindel & Ohl, New York City (Paul W. Williams, Joel C. Balsam, Michael D. Cahn), New York City, for defendant-appellee Donald D. Harrington.

Before ANDERSON, McGOWAN and TIMBERS, Circuit Judges.

McGOWAN, Circuit Judge:

This appeal relates to a further chapter in the extraordinarily litigious history of Alleghany Corporation. Appellant is an Alleghany stockholder who asserts derivatively in its right certain claims against former officers and directors for damages payable to the corporation. Only three of the named defendants (apart from the nominal Alleghany) were served with process, i. e., John D. Murchison and Clint W. Murchison, Jr., individually...

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