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NICHOLS v. ALKER

No. 39, Docket 23580.

231 F.2d 68 (1956)

Ennis M. NICHOLS, individually and on behalf of other stockholders of Long Island Lighting Company, similarly situated, and as Acting Chairman and member of the Committee of the Common Stockholders Committee of Long Island Lighting Company, and Common Stockholders Committee of Long Island Lighting Company, Plaintiffs-Appellants, v. Harry A. ALKER, Edward F. Barrett, Dougall C. Fraser, John Vannek, Samuel Housman, Lee P. Slack, Ethel W. Blakeslee, as Executrix of the Estate of Charles G. Blakeslee, Deceased, James W. Carpenter, William Rogers Coe, Errol W. Doebler, George Link, Jr., Robert G. Olmstead, Edward J. Crummie, Harry C. Hagerty, Thomas P. Booth, Albert F. Tegen, Percival E. Jackson, Franklin S. Coons, Vincent T. Miles, William C. Langley, Laurence M. Marks, David K. Kadane and Charles P. Elbert, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided February 14, 1956.

Attorney(s) appearing for the Case

Harold G. Aron, Madison, Conn., for plaintiffs-appellants.

Winthrop, Stimson, Putnam & Roberts, New York City, Peter H. Kaminer, New York City, of counsel, for appellee Marks.

David K. Kadane, Mineola, N. Y., pro se, Bertram D. Moll, Mineola, N. Y., of counsel, for appellees Barrett and others.

Charles C. Lockwood, New York City, for appellee Vannek.

Percival E. Jackson, New York City, pro se.

Before FRANK, HINCKS and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

Plaintiff appeals from an order of the United States District Court for the Eastern District of New York (Galston, J.) dismissing the complaint on the ground of res judicata and striking it from the files of the District Court as sham and false. The complaint was filed by Ennis M. Nichols, individually, and as representative of a group of common stockholders of the pre-reorganized Long Island Lighting Company ("Long Island"), and was...

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