FELDMAN v. PENNROAD CORPORATION

No. 9038.

155 F.2d 773 (1946)

FELDMAN v. PENNROAD CORPORATION.

Circuit Court of Appeals, Third Circuit.

Decided May 21, 1946.


Attorney(s) appearing for the Case

Leo Brady, of New York City (Mortimor S. Gordon, of New York City, and Stewart Lynch, of Wilmington, Del., on the brief), for appellant.

Morris Wolf, of Philadelphia, Pa. (Daniel O. Hastings, of Wilmington, Del., Wolf, Block, Schorr & Solis-Cohen, of Philadelphia, Pa., and Hastings, Stockley and Layton, of Wilmington, Del., on the brief), for respondent.

Robert T. Murphy, of Washington, D. C. (Joseph B. Keenan, of Washington, D. C., and James M. Tunnell, Jr., of Georgetown, Del., on the brief), for Julia A. Perrine, amicus curiae.

Before MARIS, GOODRICH, and O'CONNELL, Circuit Judges.


MARIS, Circuit Judge.

This is an appeal from an order of the District Court for the District of Delaware dismissing a complaint. The following facts provide a necessary background for the proper understanding of the issues raised.

On October 18, 1932 Julia A. Perrine and Joseph W. Perrine, holders of securities of Pennroad Corporation, brought a stockholders' derivative suit in the Court of Chancery of Delaware in which they sought, inter alia, to charge the...

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