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BRILL v. GENERAL INDUSTRIAL ENTERPRISES

No. 11843.

234 F.2d 465 (1956)

Florence W. BRILL, Herman Canter, Edward Netter, Frances Netter and Robert Netter, Plaintiffs-Appellants, v. GENERAL INDUSTRIAL ENTERPRISES, Inc. (formerly The Midvale Company), Baldwin Securities Corporation, Midvale-Heppenstall Company, The Heppenstall Company, Howard H. Casee, Walter H. Lewis, Lloyd R. Loewen, Lewis W. Metzger, Richard T. Nalle, Adolph O. Schaefer, Edward Hopkinson, Jr. and C. E. Acker, Defendants-Appellees.

United States Court of Appeals Third Circuit.

Decided June 20, 1956.

Attorney(s) appearing for the Case

J. Robert Ellner, New York City, for appellants.

Thomas B. K. Ringe, Philadelphia, Pa., Ralph H. Demmler, Pittsburgh, Pa., for appellees.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

Plaintiffs appealed from an Order of the District Court for the Eastern District of Pennsylvania dismissing their stockholders' derivative action to enjoin the sale of the corporation's assets which was premised on their contention that such sale would violate the federal antitrust laws and thus subject the corporation to civil and criminal liability.

Defendants moved to dismiss the appeal on the ground of "mootness" in that the sale...

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