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HIGGINS v. SHENANGO POTTERY COMPANY

No. 11896.

256 F.2d 504 (1958)

Alice S. HIGGINS, Plaintiff on Behalf of Herself and Other Stockholders of Shenango Pottery Company, Similarly Situated, Appellant, Harry Barkby, Intervenor-Appellant, v. SHENANGO POTTERY COMPANY, a Corporation, and James M. Smith, Jr., George B. Zahniser, Charles W. Read, Daniel H. Treloar, Jr., Zeno J. Pfau, John B. McCarty and Alvah M. Shumaker, Individually and James M. Smith, Jr., George B. Zahniser, Charles W. Read, Daniel H. Treloar, Jr., Zeno J. Pfau, John B. McCarty and Alvah M. Shumaker, Trading as Castle Engineering Company, a Partnership, Lynne Anderson Warren and Peoples First National Bank and Trust Co., Executors of Estate of James M. Smith, Jr., Deceased.

United States Court of Appeals Third Circuit.

Decided May 29, 1958.

As Amended on Denial of Rehearing June 24, 1958.

Attorney(s) appearing for the Case

Harold R. Schmidt, Pittsburgh, Pa. (John L. Laubach, Jr., Rose, Rose & Houston, Pittsburgh, Pa., Morris Berman, Hancock, Dorr, Ryan & Shove, Syracuse, N. Y., on the brief), for appellant.

Joseph R. Doherty, Pittsburgh, Pa., Lynne Anderson Warren, New York City (Joseph S. D. Christof, McCloskey, Best & Leslie, Pittsburgh, Pa., on the brief), for appellees.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

McLAUGHLIN, Circuit Judge.

The plaintiff and intervenor in this stockholders' derivative suit appeal from the district court dismissal of three defendants at the close of the plaintiff's evidence.

The basis of the action is the alleged diversion from the Shenango Pottery Company by Smith, Jr., its president, Zahniser, vice president in charge of manufacturing, and Read, another vice president1

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