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.
case did not arise on cert or cert not granted federal court conflict federal court conflict and to resolve important or significant question putative conflict conflict between federal court and state court state court conflict federal court confusion or uncertainty state court confusion or uncertainty federal court and state court confusion or uncertainty to resolve important or significant question to resolve question presented no reason given other reason