McDONNELL v. BELL CONTAINER CORPORATION

No. 147, Docket 27763.

310 F.2d 880 (1962)

C. E. H. McDONNELL, as Trustee in Reorganization of Equitable Plan Company, Plaintiff-Appellee, v. BELL CONTAINER CORPORATION and Harold J. Simon, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided November 26, 1962.


Attorney(s) appearing for the Case

Osmond K. Fraenkel, New York City (Harold E. Horowitz and Samuel Wiener, New York City, on the brief), for defendant-appellant Bell Container Corp.

Abraham Burstein, of Zelby & Burstein, New York City, for defendant-appellant Harold J. Simon.

Edward C. Kalaidjian, of Thacher, Proffitt, Prizer, Crawley & Wood, New York City (Robert S. Stitt, of Thacher, Proffitt, Prizer, Crawley & Wood, New York City, on the brief), for plaintiff-appellee.

Before CLARK, FRIENDLY, and MARSHALL, Circuit Judges.


PER CURIAM.

This is a stockholder's derivative action seeking damages in behalf of Doeskin Products, Inc., resulting from a series of schemes to victimize it, which this court once before characterized as "a bold and outrageous corporate swindle," see McDonnell v. Tabah, 2 Cir., 297 F.2d 731, 732. We are now asked to hold that insufficient evidence existed to support Judge Palmieri's findings of participation by Bell Container Corporation...

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