OVERFIELD v. PENNROAD CORPORATION

Nos. 8288, 8289, 8303, 8304, 8371, 8372.

146 F.2d 889 (1944)

OVERFIELD et al. v. PENNROAD CORPORATION et al. (three cases). WEIGLE et al. v. SAME (three cases).

Circuit Court of Appeals, Third Circuit.

Decided December 28, 1944.


Attorney(s) appearing for the Case

Roscoe Pound, of Cambridge, Mass., for appellants Kaufmann and others.

Daniel O. Hastings, of Wilmington, Del. (R. E. Lee Marshall, of Baltimore, Md., Hugh F. O'Donnell, of New York City, George Cochran Doub, of Baltimore, Md., Philip H. Strubing, Paul Maloney, and Evans, Bayard & Frick, all of Philadelphia, Pa., Caleb R. Layton, 3d., John Van Brunt, Jr., and Hastings, Stockly and Layton, all of Wilmington, Del., and Marshall, Carey & Doub, of Baltimore, Md., on the brief), for plaintiffs.

Robert T. McCracken, of Philadelphia, Pa. (John Dickinson, of Philadelphia, Pa., Clarence A. Southerland, of Wilmington, Del., and Philip Price, John B. Prizer, Montgomery, McCracken, Walker & Rhoads, and Barnes, Dechert, Price & Smith, all of Philadelphia, Pa., on the brief), for Pennsylvania R. Co.

Morris Wolf, of Philadelphia, Pa., for Pennroad Corporation.

R. Sturgis Ingersoll, of Philadelphia, Pa., Elder W. Marshall, of Pittsburgh, Pa., and Thomas Stokes, W. Heyward Myers, Jr., Lewis M. Stevens, and Thomas Stokes, all of Philadelphia, Pa., for surviving directors and representatives of deceased directors of Pennroad Corporation.

Charles H. Tuttle, of New York City, and William S. Pettit, of Far Rockaway, N. Y., for Stockholders' Committee of Pennroad Corporation, amicus curiæ.

Hugh Roberts, of Philadelphia, Pa., for intervenor-appellee Roberts.

Francis E. Walter, of Easton, Pa., for intervenor-appellee Costello.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.


GOODRICH, Circuit Judge.

These actions were brought for an accounting and other relief against the Pennsylvania Railroad and certain individual defendants. The plaintiffs are shareholders of the Pennroad Corporation and have been joined in these actions by other shareholders as intervenors. The defendants are the Pennsylvania Railroad and certain individuals (or their personal representatives) who were directors or officers of the Pennsylvania Railroad Company and...

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