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HABERMAN v. TOBIN

No. 1125, Dockets 79-7783, 80-7043.

626 F.2d 1101 (1980)

Simon V. HABERMAN, Plaintiff-Appellant, v. John E. TOBIN, Fred M. Kirby, Allan P. Kirby, Jr., each in his own capacity as director of Alleghany Corporation, and as attorneys for and guardians of the property of Allan P. Kirby, Sr., John J. Burns, Jr., Defendants-Appellees, Ralph K. Gottshall, Richard R. Hough, William G. Rabe, Clifford H. Ramsdell, and Carlos J. Routh, as directors of Alleghany Corporation, Defendants, and Alleghany Corporation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 8, 1980.

Attorney(s) appearing for the Case

Thomas Bress, New York City (Greenfield, Lipsky & Bress, New York City; Eleazar Lipsky, New York City, of counsel), for plaintiff-appellant.

William E. Hegarty, New York City (Cahill, Gordon & Reindel, New York City; H. Richard Schumacher, John A. Shutkin, New York City, of counsel), for defendant-appellee Alleghany Corp.

Debevoise, Plimpton, Lyons & Gates, New York City, Robert J. Geniesse, John G. Koeltl, New York City, on brief, for defendants-appellees John E. Tobin, Fred M. Kirby, Allan P. Kirby, Jr., and John J. Burns, Jr.

Before OAKES and MESKILL, Circuit Judges, and BONSAL, District Judge.

BONSAL, District Judge:

On December 30, 1974, Randolph Phillips instituted this derivative action against Alleghany Corporation ("Alleghany") and certain of its directors, alleging violations of the federal securities laws, the Investment Company Act, the Interstate Commerce Act, and state laws relating to fiduciary duties of directors. The district court dismissed certain of the claims, but left outstanding two claims under the federal securities laws and one state...

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