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BLAU v. ALLEN

163 F.Supp. 702 (1958)

Isadore BLAU, a stockholder of Warner Bros. Pictures, Inc., suing on behalf of himself and all other stockholders similarly situated and on behalf of and in the right of Warner Bros. Pictures, Inc., Plaintiff, v. Charles ALLEN, Jr., Albert Warner, Jack L. Warner and Warner Bros. Pictures, Inc., Defendants.

United States District Court S. D. New York.

July 2, 1958.

Attorney(s) appearing for the Case

Morris J. Levy, New York City, for plaintiff.

Sullivan & Cromwell, New York City, for defendants Albert Warner and Jack L. Warner. Howard T. Milman and Jerome K. Walsh, Jr., New York City, of counsel.

Holtzmann, Wise & Shepard, New York City, for defendant Charles Allen, Jr., Edmund H. H. Caddy, New York City, of counsel.

McGOHEY, District Judge.

The plaintiff moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The action is a stockholders derivative suit under the provisions of section 16(b) of the Securities Exchange Act of 1934.1

On argument all the defendants, agreeing there were no issues of fact, asked for summary judgment in their favor.

The plaintiff's motion will be granted as to the...

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