Legal Opinion · Concurring in part, dissenting in part

Ackert v. Union Pacific Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1957Published

1Concurring in part, dissenting in part

Vaughan, J. (concurring in part and dissenting in part).

This case grows out of a contemplated merger of the Spokane International Railroad Company, of which plaintiffs are stockholders, and defendant Union Pacific Railroad *820Company. Defendant Guaranty Trust Company of New York was retained to act as depositary. Plaintiffs, suing individually and on behalf of all other Spokane stockholders similarly situated, commenced this action for declaratory and other relief, and they contend that certain contracts have expired by reason of the failure of the Interstate Commerce Commission to approve the…

2Cases cited9 opinions

  1. Hansberry v. LeeSupreme Court of the United States · 1940
  2. Rockland Light and Power Co. v. City of New YorkNew York Court of Appeals · 1942
  3. Kovarsky v. Brooklyn Union Gas Co.New York Court of Appeals · 1938
  4. Brenner v. Title Guarantee & Trust Co.New York Court of Appeals · 1937
  5. Strobe v. Netherland Co.Appellate Division of the Supreme Court of the State of New York · 1935

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