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HOWARD v. FURST

No. 43, Docket 24131.

238 F.2d 790 (1956)

Norman HOWARD, on behalf of himself and other Stockholders of Circle Wire & Cable Corporation, Plaintiff-Appellant, v. Sol FURST, Max B. Cohn, Isadore J. Furst, Sol Cohn, Richard C. Noel, Mortimer Hays, F. Dewey Everett, Cerro de Pasco Corporation, and Circle Wire & Cable Corporation, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 13, 1956.

Attorney(s) appearing for the Case

Lewis M. Dabney, Jr., New York City, for plaintiff-appellant.

Hays, Podell, Algase, Crum & Feuer, New York City (Mortimer Hays, Benjamin Algase, Mortimer Feuer and Martin Mensch, New York City, of counsel), for defendants-appellees Sol Furst, Max B. Cohn, Isadore J. Furst, Sol Cohn, Richard C. Noel, Mortimer Hays and Circle Wire & Cable Corp.

Milbank, Tweed, Hope & Hadley, New York City (A. Donald MacKinnon, New York City, of counsel), for defendant-appellee F. Dewey Everett.

Alexander & Green, New York City (Donald M. Dunn, William R. McDermott and J. Kenneth Campbell, New York City, of counsel), for defendant-appellee Cerro de Pasco Corporation.

Before HAND, MEDINA and HINCKS, Circuit Judges.

MEDINA, Circuit Judge.

Plaintiff, suing "on behalf of himself and other stockholders of Circle Wire & Cable Corporation," in a derivative action for the benefit of Circle, appeals from a judgment dismissing his complaint for lack of jurisdiction over subject matter.

Diversity of citizenship is not alleged or claimed. The jurisdiction to entertain and determine the action is said to derive from Section 27 of the Securities Exchange Act of 1934, as amended...

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