BROWN v. BULLOCK

No. 404, Docket 26948.

294 F.2d 415 (1961)

Ethel BROWN and Harry Brown, Appellees-Plaintiffs, v. Hugh BULLOCK, Arthur F. Burns, Robert E. Clark, Grayson Kirk, Frank Pace, Jr. and Calvin Bullock, Ltd., Appellants-Defendants and Nathaniel P. Hill, John M. Hincks, Harris J. Nelson, Maxwell D. Taylor and Dividend Shares, Inc., Defendants.

United States Court of Appeals Second Circuit.

Decided September 5, 1961.


Attorney(s) appearing for the Case

David W. Peck, New York City (Sullivan & Cromwell, Alfred Jaretzki, Jr., and Marvin Schwartz, New York City, on the brief), for appellants-defendants Hugh Bullock, Robert E. Clark and Calvin Bullock, Ltd.

Harold L. Smith, New York City (Hughes, Hubbard, Blair & Reed and Francis C. Reed, New York City, on the brief), for appellants-defendants Arthur F. Burns, Grayson Kirk and Frank Pace, Jr.

William E. Haudek, New York City (Pomerantz, Levy & Haudek, Rosenfeld & Silverman and Rosenthal & Gurkin, New York City, on the brief), for appellees-plaintiffs.

Walter P. North, Gen. Counsel, Securities and Exchange Commission, Washington, D. C. (Meyer Eisenberg and George P. Michaely, Jr., Washington, D. C., on the brief), for Securities and Exchange Commission as amicus curiae.

Before the Court in banc LUMBARD, Chief Judge, CLARK, WATERMAN, MOORE, FRIENDLY and SMITH, Circuit Judges.


FRIENDLY, Circuit Judge.

Plaintiffs-appellees in this action in the District Court for the Southern District of New York are stockholders of defendant Dividend Shares, Inc., hereafter the "Fund," a Maryland corporation having its principal office in New York City. The Fund is registered under the Investment Company Act of 1940, 15 U.S.C.A. § 80a-1 et seq., as a diversified open-end management investment company. The...

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