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GOTTESMAN v. GENERAL MOTORS CORPORATION

268 F.2d 194 (1959)

Rita GOTTESMAN et al., Plaintiffs, v. GENERAL MOTORS CORPORATION and E. I. du Pont de Nemours and Company, Defendants.

United States Court of Appeals Second Circuit.

Decided June 18, 1959.

Attorney(s) appearing for the Case

Henry L. Bayles and Edward A. Rothenberg, of Netter & Netter, New York City, for plaintiffs.

Henry M. Hogan, Detroit, Mich., and George A. Brooks, William A. Grier, and Edward B. Wallace, New York City, for defendant General Motors Corp.

Charles A. Horsky, of Covington & Burling, Washington, D. C., and Frank H. Gordon, New York City, for defendant E. I. du Pont de Nemours & Co.

Before CLARK, Chief Judge, and SWAN and MOORE, Circuit Judges.

CLARK, Chief Judge.

General Motors Corporation and E. I. du Pont de Nemours and Company, defendants in a shareholders' derivative action, seek permission to take an interlocutory appeal under 28 U.S.C. § 1292(b) from the denial of their motion to dismiss the complaint for failure to comply with Rule 23(b), F.R.Civ.P. This suit, a consolidation of three actions instituted shortly after the Supreme Court's decision in United States v. E. I. Du Pont de Nemours ...

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