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WALTER E. HELLER & COMPANY v. COX

No. 66 Civ. 1437.

343 F.Supp. 519 (1972)

WALTER E. HELLER & COMPANY, Inc., Plaintiff, v. Ralph COX, Jr., Defendant. WALTER E. HELLER & COMPANY, Inc., Plaintiff, v. OCEAN AIR TRADEWAYS, a partnership, Defendant.

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

May 23, 1972.

Attorney(s) appearing for the Case

Wachtell, Lipton, Rosen & Katz, New York City, for plaintiff by Herbert M. Wachtell, Bernard Mindich, New York City, of counsel.

Friedman & Friedman, New York City, for defendants by Castrataro, Herman & Beinin, George J. Castrataro, New York City, Bill Smalley, Tulsa, Okl., of counsel.

BAUMAN, District Judge.

In these consolidated actions plaintiff Walter E. Heller & Company, Inc. ("Heller") seeks to recover upon guaranties executed by defendants Ralph Cox, Jr. ("Cox") and Ocean Air Tradeways ("OAT") respectively, in connection with a $1.7 million loan made by Heller to United States Overseas Airlines, Inc. ("USOA") in November, 1962.

Plaintiff is a Delaware corporation which has its principal place of business in Illinois and does business...

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