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SCHENKER v. E. I. du PONT de NEMOURS & COMPANY

No. 204, Docket 28438.

329 F.2d 77 (1964)

Edward SCHENKER and David Schenker, on behalf of themselves and all other Stockholders of the Cumulative Preferred Stock without par value $3.50 Series and Cumulative Preferred Stock without par value $4.50 Series of E. I. du Pont de Nemours & Company Incorporated, Plaintiffs-Appellants, v. E. I. du PONT de NEMOURS & COMPANY, Incorporated, Defendant-Appellee, and Walter S. Carpenter, Jr., Walter J. Beadle, Donaldson Brown, et al., Defendants.

United States Court of Appeals Second Circuit.

Decided March 19, 1964.

Certiorari Denied June 22, 1964.

Attorney(s) appearing for the Case

David Schenker, New York City, for plaintiffs-appellants.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendant-appellee, E. I. du Pont de Nemours & Co.; John E. F. Wood, Philip C. Scott, and Malcolm H. Bell, New York City, of counsel.

Before SWAN, SMITH and MARSHALL, Circuit Judges.

Certiorari Denied June 22, 1964. See 84 S.Ct. 1922.

SWAN, Circuit Judge.

This is an appeal from a judgment dismissing the complaint in an action brought by plaintiffs on behalf of preferred stockholders of E. I. du Pont de Nemours & Company, Incorporated (hereafter called du Pont) seeking to set aside a plan of divestiture adopted by the du Pont board of directors on May 31, 1962 with respect to 63,000,000 shares...

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