SLAVIN et al.
v.
GERMANTOWN FIRE INS. CO. et al. FRAZIER et al.
v.
GERMANTOWN FIRE INS CO. et al.
United States Court of Appeals Third Circuit.https://leagle.com/images/logo.png
Argued June 7, 1948.
Decided April 1, 1949.
Attorney(s) appearing for the Case
Richardson Dilworth, of Philadelphia, Pa. (Harold E. Kohn, James A. Sutton and Murdoch, Paxson, Kalish, Dilworth & Green, all of Philadelphia, Pa., on the brief), for appellants Slavin and others.
David H. H. Felix, of Philadelphia, Pa., for appellants Frazier and others.
Sidney H. Willner, of Washington, D. C. (Roger S. Foster and Alexander Cohen, both of Washington, D. C., on the brief), for Securities and Exchange Commission.
Charles E. Kenworthey, of Pittsburgh, Pa. (Schnader, Kenworthey, Segal & Lewis, of Philadelphia, Pa., of counsel; Wm. A. Schnader and Robert M. Blair-Smith, both of Philadelphia, Pa., on the brief), for defendant-appellee Rosenlund and others.
C. Brewster Rhoads, of Philadelphia, Pa. (Sidney L. Wickenhaver and Montgomery, McCracken, Walker & Rhoads, all of Philadelphia, Pa., on the brief), for defendant-appellee Germantown Fire Ins. Co. and others.
Thomas C. Egan, of Philadelphia, Pa., for Independent Protective Committee.
Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.
United States Court of Appeals Third Circuit.
KALODNER, Circuit Judge.
This is a shareholders' derivative action based upon Section 10(b)1 of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78j(b), and Rule X-10B-5,2 C.F.R. (Cum. Supp.) Title 17, Section 240.10b-5, promulgated pursuant thereto by the Securities and Exchange Commission, jurisdiction being conferred upon the district courts by Section 27 cf the Act, 15 U.S.C.A. § 78aa.
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