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LEVITT v. JOHNSON

No. 6249.

334 F.2d 815 (1964)

S. Harold LEVITT, Executor, Plaintiff, Appellant, v. Edward C. JOHNSON, 2d, et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

Decided July 8, 1964.

Attorney(s) appearing for the Case

Paul L. Ross, New York City, with whom S. Roy Remar, Boston, Mass., Benedict Wolf, and Wolf, Popper, Ross, Wolf & Jones, New York City, were on brief, for appellant.

Edward B. Hanify, Boston, Mass., with whom Truman S. Casner, Joseph P. Rooney, Ansel B. Chaplin, Summer H. Babcock, James D. St. Clair, Ropes & Gray, Gaston, Snow, Motley & Holt, Bingham, Dana & Gould, and Hale & Dorr, Boston, Mass., were on brief, for appellees.

Philip A Loomis, Jr., Gen. Counsel, Walter P. North, Assoc. Gen. Counsel, George P. Michaely, Jr., Sp. Counsel, and Paul J. Kemp, Atty., Washington, D. C., on brief for Securities and Exchange Commission, amicus curiae.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is a suit by a minority stockholder of Fidelity Capital Fund, Inc., a Massachusetts corporation, on behalf of himself and other interested stockholders for the benefit of the corporation. The defendants, in addition to the corporation, are individuals, now or formerly directors, and several corporations sought to be charged with conduct in violation of the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq., hereinafter...

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