FIELDING v. ALLEN


99 F.Supp. 137 (1951)

FIELDING et al. v. ALLEN et al.

United States District Court S. D. New York.

June 22, 1951.


Attorney(s) appearing for the Case

Hays, Podell, Algase & Feuer, New York City, General Counsel for plaintiffs and plaintiffs-intervenors. Mortimer Hays, Mortimer Feuer, and Morton Roth, New York City, of counsel.

Boehm & Fischman, New York City, for plaintiff Bennett I. Fielding. Bernard D. Fischman, New York City, of counsel.

Sidney L. Garwin, New York City, for plaintiff-intervenor Irving W. Mencher.

Moroney, Ettinger & Pottish, New York City, for plaintiffs-intervenors Edward A. Miller and Mary V. Miller.

Holtzmann, Wise, Shepard & Kelly, New York City, for defendants Charles Allen, Jr., and others. Simon H. Rifkind, New York City, of counsel.

Frank P. Broz, New York City, for defendants Jacob L. Holtzmann and Lillian Holtzmann.

Whitman, Ransom, Coulson & Goetz, New York City, for defendant Ogden Corporation. Henry S. Reeder, New York City, of counsel.

William Mertens, Jr., New York City, for Augusta Levin.

Leo B. Mittelman, New York City, for George Ferngold.

Louis H. O. Fischman, New York City, for Lillian Levington.

Mendel Lurie, New York City, for Nathan Kirschbaum and Jerome Kirschbaum.

Israel Beckhardt, New York City, for Harry R. Baker.

Morris J. Levy, New York City, for Isidore Sonnenshine.


S. H. KAUFMAN, District Judge.

This is a motion for approval by the Court, pursuant to Rule 23(c) of the Federal Rules of Civil Procedure, 28 U.S.C.A., of a proposed settlement of a stockholders' derivative suit brought on behalf of Ogden Corporation.

The matter was referred to Thomas F. Boyle, Esq., as Special Master, to inquire into the fairness, reasonableness and adequacy of the proposed settlement, to take evidence and to report to the Court his opinion...

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