KOPLAR v. WARNER BROS. PICTURES

No. 977.

19 F.Supp. 173 (1937)

KOPLAR (SHARAF et al., Interveners) v. WARNER BROS. PICTURES, Inc., et al.

District Court, D. Delaware.

March 9, 1937.


Attorney(s) appearing for the Case

Clarence A. Southerland (of Ward & Gray), and Aaron Finger (of Richards, Layton & Finger), both of Wilmington, Del., Ernest L. Wilkinson, Walter G. Moyle, and Ernest H. Oliver, all of Washington, D. C., A. L. Pomerantz, of New York City, Milton Paulson, of Brooklyn, N. Y., and A. Marcus, of New York City, for plaintiff and interveners.

William G. Mahaffy and Herbert L. Cohen, both of Wilmington, Del., and Joseph M. Proskauer and J. Alvin Van Bergh, both of New York City, for defendants Warner.

Hugh M. Morris and Ivan Culbertson, both of Wilmington, Del., and Joseph H. Hazen, of New York City, for defendant Warner Bros., Inc.

Morris Wolf, of Philadelphia, Pa., in pro. per.

Reuben Satterthwaite, Jr. (of Satterthwaite & Foulk), of Wilmington, Del., for defendants Harold S. Bareford et al.


NIELDS, District Judge.

This is a derivative suit. It is essentially a suit by Warner Brothers Pictures, Inc., against its directors. These directors are charged with unlawfully issuing a large block of its common stock to Harry M. Warner, Albert Warner, and Jack Warner, three of its directors, and to Waddill Catchings, another director. In their amended bill of complaint plaintiffs charge:

"(9) During or about...

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