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SCHAFFNER v. CHEMICAL BANK

No. 70 Civ. 5323.

339 F.Supp. 329 (1972)

Perdita M. SCHAFFNER, Beneficiary of Trust under Bryher Agreement, Plaintiff, v. CHEMICAL BANK, Defendant.

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

March 10, 1972.

Attorney(s) appearing for the Case

Pomerantz, Levy, Haudek & Block, New York City, for plaintiff by Abraham L. Pomerantz, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for defendant; by Ralph L. McAfee, and White & Case, V. Thomas Fryman, Jr., New York City, of counsel.

OPINION

POLLACK, District Judge.

Plaintiff, an income beneficiary of a personal inter vivos trust of which defendant bank is the trustee, seeks to maintain this suit as a class action under F.R.Civ.P. 23(b) (3). The complaint asserts that the class consists of all persons and institutions who are or have been beneficiaries of any trust or trusts of which defendant is trustee and for whose account defendant executes securities transactions.

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