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SHAPIRO v. ROSENBAUM

171 F.Supp. 875 (1959)

Louis M. SHAPIRO, Plaintiff, v. Samuel R. ROSENBAUM, as Trustee under Trust Agreements dated December 14, 1948, December 20, 1948 and January 1, 1954, and Radio Corporation of America, Defendants. A. Edward MORRISON, Plaintiff, v. Samuel R. ROSENBAUM, as Trustee under Trust Agreements dated December 14, 1948, December 20, 1948 and January 1, 1954, and Columbia Broadcasting System, Defendants. Joseph GOLD, Plaintiff, v. Samuel R. ROSENBAUM, as Trustee under Trust Agreements dated December 14, 1948, December 20, 1948 and January 1, 1954, and Decca Records, Inc., Defendants. Pearl GAYNOR, Plaintiff, v. Samuel R. ROSENBAUM, as Trustee under Trust Agreements dated December 14, 1948, December 20, 1948 and January 1, 1954, and Loew's Incorporated, Defendants.

United States District Court S. D. New York.

February 25, 1959.

Attorney(s) appearing for the Case

Louis Kipnis, New York City, for plaintiff, Joseph Gold.

Morris J. Helman, New York City, for plaintiff, A. Edward Morrison.

Israel Beckhardt, New York City, for plaintiff, Louis M. Shapiro.

Charles Rosenthal, New York City, for plaintiff, Pearl Gaynor. (Israel Beckhardt, Lee Schrieber and Isadore H. Cohen, New York City, of counsel).

Arthur W. Lichtenstein, New York City, of counsel, Bernice Schwartz, intervening plaintiff.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for defendant, Samuel R. Rosenbaum, Trustee. (Theodore Kiendl, George A. Brownell, William R. Meagher and James A. Thomas, Jr., New York City, of counsel).

Rosenman, Goldmark, Colin & Kaye, New York City, for Columbia Broadcasting System, Inc. (Lawrence R. Eno, and Alan Schwarz, New York City, of counsel).

Irving Greenfield, New York City, for Loew's Incorporated. (Joseph Macchia, New York City, and Jacob A. Weinstein, of counsel).

Cahill, Gordon, Reindel & Ohl, New York City, for Radio Corporation of America. (John W. Nields, New York City, of counsel).

Cohen & Sandomire, New York City, for Decca Records, Inc. (Edgar M. Rubin, New York City, of counsel).

GIGNOUX, District Judge, serving by assignment.

These are stockholders' derivative actions challenging the legality under Section 302 of the Labor Management Relations Act, 1947 (the Taft-Hartley Act) (29 U.S.C.A. § 186) of certain Trust Agreements entered into in 1948, 1954 and 1959 between the corporate defendants (hereinafter called the "Record Companies") and the defendant Samuel R. Rosenbaum, as Trustee (hereinafter sometimes called the "Trustee"). The Trust...

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