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SCHIFF v. METZNER

Docket 28846.

331 F.2d 963 (1964)

Margot B. SCHIFF, Individually and as Executrix of the Estate of Herbert Schiff, deceased, Petitioner, v. Honorable Charles M. METZNER, District Judge of the United States for the Southern District of New York, Respondent.

United States Court of Appeals Second Circuit.

Decided May 18, 1964.

Attorney(s) appearing for the Case

O'Connor & Farber, New York City, for petitioner, Clendon H. Lee, New York City, of counsel.

Frank H. Gordon, New York City, and Daniel M. Gribbon, Washington, D. C., for defendant E. I. du Pont de Nemours & Co.

George A. Brooks, New York City, for defendant General Motors Corp.

Before SWAN, SMITH and MARSHALL, Circuit Judges.

SWAN, Circuit Judge.

Almost immediately after the decision in United States v. E. I. du Pont de Nemours & Co., 353 U.S. 586, 77 S.Ct. 872, 1 L.Ed.2d 1057 (June 3, 1957) holding that du Pont's ownership of stock in General Motors Corporation was a violation of Section 7 of the Clayton Act, four derivative actions were brought by shareholders of General Motors to recover on its behalf damages...

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