TEREN v. HOWARD

No. 18133.

322 F.2d 949 (1963)

Nils G. TEREN, Donald C. Ellsworth, Clarence D. Phillips and Columbia River Paper Co., a corporation, Appellants, v. E. A. HOWARD, Jr., and Mary F. Clark, on behalf of themselves and the stockholders of Columbia River Paper Co., Appellees.

United States Court of Appeals Ninth Circuit.

September 4, 1963.


Attorney(s) appearing for the Case

King, Miller, Anderson, Nash & Yerke, Robert S. Miller, Fredric A. Yerke, Jr., and Jean P. Lowman, Portland, Or., for appellants Nils G. Teren, Donald C. Ellsworth and Clarence D. Phillips.

Manley B. Strayer, Cleveland C. Cory, and David G. Hayhurst, Portland, Or., for appellant Columbia River Paper Co.

Carey & Epstein, and Henry A. Carey, Jr., Hart, Davidson, Veazie & Hanlon, and Allan Hart, Portland, Or., for appellees Howard and Clark.

Before POPE and HAMLIN, Circuit Judges, and JAMES M. CARTER, District Judge.


JAMES M. CARTER, District Judge.

This is a stockholder's derivative suit in which the plaintiff stockholders (appellees) sued on behalf of the Columbia River Paper Company, a Delaware corporation, hereinafter termed "Columbia" and received judgment against certain directors of Columbia.

The major question presented is whether or not the evidence is sufficient to support the findings of the trial court. If this question is answered in the affirmative, numerous...

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