Freeman v. Kirby

BICKS, District Judge.

This is a motion to strike the complaint as sham within the meaning and intent of Rule 11 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

The complaint alleges, in essence, that in 1954 and 1955 a series of suits by stockholders of Alleghany Corporation, later consolidated under the captions Breswick & Co. et al. v. Briggs et al. and Zenn et al. v. Anzalone et al., were brought in this Court and in the New York State Supreme Court respectively, that one Randolph Phillips acted as a consultant to one or more of the plaintiffs in the Zenn and Breswick actions, that…