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DANN v. STUDEBAKER-PACKARD CORPORATION

No. 13940.

288 F.2d 201 (1961)

Sol A. DANN, John H. Neville and Louise A. Turek, Plaintiffs-Appellants, v. STUDEBAKER-PACKARD CORPORATION, Harold E. Churchill, Hugh J. Ferry, and A. J. Porta, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

February 6, 1961.

Attorney(s) appearing for the Case

Sol A. Dann, Dann, Rosenbaum & Bloom, Detroit, Mich., for appellants.

Thomas G. Meeker, General Counsel, Walter P. North, Associate General Counsel, David Ferber, Asst. General Counsel, Theodore Zimmerman, Attorney, Securities and Exchange Commission, Washington, D. C., on brief, amicus curiæ for Securities and Exchange Commission.

Ralph L. McAfee, New York City, Louis F. Dahling, Richard D. Rohr, Bodman, Longley, Bogle, Armstrong & Dahling, Detroit, Mich., and Arnold I. Roth, Cravath, Swaine & Moore, New York City, on brief, for appellees.

Before MILLER and O'SULLIVAN, Circuit Judges, BOYD, District Judge.

BOYD, District Judge.

Appellants, suing on behalf of themselves as well as "on behalf of each and every other shareholder of Studebaker-Packard Corporation similarly situated," appeal from a judgment dismissing their amended complaint without any comment by the District Judge.

The present appeal brings this case for a second time before this court, appellants previously having appealed unsuccessfully from an order of the District Court dismissing their original...

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