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LEIGHTON v. ONE WILLIAM STREET FUND, INC.

No. 335, Docket 29227.

343 F.2d 565 (1965)

William LEIGHTON, a stockholder of The One William Street Fund, Inc., for himself and all stockholders of The One William Street Fund, Inc. similarly situated and for and on behalf of The One William Street Fund, Inc., Appellant-Plaintiff, v. The ONE WILLIAM STREET FUND, INC., Lehman Brothers, a partnership, Simpson Thacher & Bartlett, a partnership, and Allan B. Hunter, Paul E. Manheim, Paul M. Mazur, Francis C. Reed et al., Appellees-Defendants.

United States Court of Appeals Second Circuit.

Decided April 5, 1965.

Attorney(s) appearing for the Case

William Leighton, New York City, appellant, pro se.

Whitney North Seymour, Jr., New York City (Arthur W. Murphy, New York City, on the brief), for appellee The One William Street Fund.

Simpson, Thacher & Bartlett, New York City, for appellees Hunter, Manheim, Mazur and Lehman Brothers, and appearing pro se.

Hughes, Hubbard, Blair & Reed, New York City, for appellee Reed.

Benjamin C. Milner, III, and Powell Pierpoint, New York City, of counsel, for appellees.

Before SMITH and MARSHALL, Circuit Judges, and METZNER, District Judge.

SMITH, Circuit Judge:

William Leighton, a stockholder of record of the One William Street Fund, Inc. (the "Fund"), appeals from three separate orders of the United States District Court for the Southern District of New York, Wilfred Feinberg, Harold R. Tyler, Jr. and Irving Ben Cooper, District Judges, respectively, requiring plaintiff to post $1,000 as security for costs in his derivative suit and denying plaintiff's motions for: (1) a preliminary injunction restraining...

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