ALLEGHANY CORPORATION v. BRESWICK & CO. et al.
No. 616.
Decided January 27, 1958.
Whitney North Seymour, David Hartfield, Jr. and Edward K. Wheeler for appellant in No. 616.
Harold H. Levin, Joseph M. Proskauer, Marvin E. Frankel and Allen L. Feinstein for appellants in No. 617.
Robert W. Ginnane for appellant in No. 618.
Edward M. Garlock filed a motion for Baker, Weeks & Co. et al. for leave to join in the Jurisdictional Statements and Applications for Summary Reversal filed by appellants in Nos. 616 and 617.
George Brussel, Jr. for Breswick & Co. et al., appellees.
Together with No. 617, Gruss et al. v. Breswick & Co. et al., and No. 618, Interstate Commerce Commission v. Breswick & Co. et al., also on appeals from the same Court.
Per Curiam.
The judgment of the District Court is reversed and the case is remanded for consideration by that court of the only claim that was left open at this Court’s prior disposition of this litigation, to wit, whether “the preferred stock issue as approved by the [Interstate Commerce] Commission was in violation of the Interstate Commerce Act.” Alleghany Cory. v. Breswick & Co., 353 U. S. 151, 175.
stay, petition, or motion granted affirmed (includes modified) reversed reversed and remanded vacated and remanded affirmed and reversed (or vacated) in part affirmed and reversed (or vacated) in part and remanded vacated petition denied or appeal dismissed certification to or from a lower court no disposition