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CLARKSON CO. LTD. v. SHAHEEN

Nos. 765-767 and 778, Dockets 80-7664, 80-7712, 80-7754 and 80-7790.

660 F.2d 506 (1981)

The CLARKSON COMPANY LIMITED, as Trustee in Bankruptcy, appointed by the Supreme Court of the Province of Newfoundland, of the property of Newfoundland Refining Company Limited and Provincial Refining Company Limited, Plaintiff-Appellee, v. John M. SHAHEEN, Roy M. Furmark, Albin W. Smith, Peter L. Caras, Paul W. Rishell, Shaheen Natural Resources Company, Inc., Newfoundland Refining Company Ltd., U. S. A. and Founders Corporation, Defendants-Appellants, Philip Gandert, William J. Sheridan, Defendants.

United States Court of Appeals, Second Circuit.

Decided September 15, 1981.

Attorney(s) appearing for the Case

Thomas A. Andrews, New York City (Saxe, Bacon & Bolan, P. C., New York City, Howard F. Husum, Filip L. Tiffenberg, New York City, of counsel), for defendants-appellants John M. Shaheen, Shaheen Natural Resources Co., Inc., Newfoundland Refining Co. Ltd., U.S.A., and Founders Corp.

Donald B. DaParma, New York City (Breed, Abbott & Morgan, Robert Ferri, New York City, of counsel), for defendant-appellant, Roy M. Furmark.

Lola S. Lea, New York City, for defendants-appellants Albin W. Smith, Paul W. Rishell, and Peter L. Caras.

Jeffrey Barist, New York City (White & Case, Edna R. Sussman, Kevin D. Ashley, New York City, of counsel), for plaintiff-appellee.

Before LUMBARD and MESKILL, Circuit Judges, and MacMAHON, District Judge.

LUMBARD, Circuit Judge:

This is an appeal from a judgment won in the Southern District of New York by The Clarkson Company Limited, the Newfoundland trustee in bankruptcy of Newfoundland Refining Company Limited (NRC), suing in diversity jurisdiction to recover monies advanced or loaned by NRC to John Shaheen and companies controlled by him (the Shaheen group), and to recover damages from five individual directors of NRC for causing such loans to be made. At trial...

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