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STIRLING v. CHEMICAL BANK

Docket No. 75-7006.

511 F.2d 1030 (1975)

David STIRLING, Jr., and William G. Stirling, Plaintiffs-Appellants, v. CHEMICAL BANK, Individually, and as agent, et al., Defendants-Appellees. David STIRLING, Jr., and William G. Stirling, Plaintiffs-Appellants, v. UNION PLANTERS NATIONAL BANK OF MEMPHIS et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 11, 1975.

Attorney(s) appearing for the Case

Feldshuh & Frank, New York City (Sidney Feldshuh, Richard M. Kraver, New York City, of counsel), for plaintiffs-appellants.

Cravath, Swaine & Moore, New York City, for defendants-appellees Chemical Bank, Frank Beattie, John J. Irish and Paavo Prima.

Bleakley, Platt, Schmidt & Fritz, New York City (Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N. Y., of counsel), for defendants-appellees Marine Midland Bank—Western and Marine Midland Bank—Rochester.

Townley, Updike, Carter & Rodgers, New York City (Nixon, Hargrave, Devans & Doyle, Rochester, N. Y., of counsel), for defendant-appellee Lincoln First Bank of Rochester.

Milbank, Tweed, Hadley & McCloy, New York City, for defendants-appellees Chase Manhattan Bank and First National State Bank of New Jersey.

Debevoise, Plimpton, Lyons & Gates, New York City (Samuel E. Gates, Bernard J. Bonn III, New York City, of counsel), for defendants-appellees Union Commerce Bank and Union Planters Nat. Bank.

Before KAUFMAN, Chief Judge, and MANSFIELD and OAKES, Circuit Judges.

PER CURIAM:

By decision dated September 30, 1974, Judge Dudley B. Bonsal of the Southern District of New York granted motions dismissing with prejudice plaintiffs-appellants' claims against defendants-appellees in several related stockholders' class actions, except that common law fraud claims against defendant Union Commerce Bank were dismissed without prejudice (72 Civ. 4476). In another action (74 Civ. 66) a similar complaint was dismissed with leave to file an...

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