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RIPLEY v. INTERNAT. RYS. OF CENT. AMER.

8 A.D.2d 310 (1959)

Charles B. Ripley et al., Individually and as Stockholders of International Railways of Central America, Suing in Behalf of Themselves and All Other Stockholders, Similarly Situated, Respondents-Appellants, v. International Railways of Central America, Respondent-Appellant, and United Fruit Company, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 23, 1959.

Attorney(s) appearing for the Case

Theodore Kiendl of counsel (Porter R. Chandler, Edwin J. Jacob and A. Brooks Wilder, Jr., with him on the brief; Davis Polk Wardwell Sunderland & Kiendl, attorneys), for appellant-respondent.

T. Roland Berner and Aaron Lewittes (Julian S. Bush, M. Victor Leventritt, Shirley D. Brinsgfield and Sidney Bender with them on the brief), of counsel for Charles B. Ripley and others, respondents-appellants.

Herman A. Bayless (Waite, Schindel, Bayless & Schneider with him on the brief), of counsel for Peter G. Thomson, Jr., and others, respondents-appellants.

Alexander Kahan (Harry Bijur with him on the brief), of counsel for Carl C. Lang and another, respondents-appellants.

Bijur & Herts for John A. Bonaudi, respondent-appellant.

Louis H. O. Fischman for Morris Gross, respondent-appellant.

Inzer B. Wyatt of counsel (Sullivan & Cromwell, attorneys), for International Railways of Central America, respondent-appellant.

BREITEL, J. P., M. M. FRANK, McNALLY and STEVENS, JJ., concur.

VALENTE, J.

In this derivative action brought by a group of minority stockholders of International Railways of Central America (hereinafter referred to as "IRCA"), a judgment was entered, upon a decision of a Referee, (1) directing the defendant, United Fruit Company (hereinafter referred to as "UFCo") to pay to IRCA the sum of $4,531,055.38 — representing damages to IRCA and unjust enrichment to UFCo for...

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