GOTTESMAN v. GENERAL MOTORS CORPORATION

No. Civ. 121-251.

279 F.Supp. 361 (1967)

Callman GOTTESMAN et al., Plaintiffs, v. GENERAL MOTORS CORPORATION and E. I. du Pont de Nemours & Company, Defendants.

United States District Court S. D. New York.

December 13, 1967.


Attorney(s) appearing for the Case

O'Connor & Farber, Gordon, Brady, Caffrey & Keller and Netter, Netter, Dowd, Fox & Ness, New York City, for plaintiffs; David Brady, Leo Brady, Clendon H. Lee, Arthur B. Netter, Henry L. Bayles and Abbott Gould, New York City, of counsel.

Edward B. Wallace, New York City, and Henry M. Hogan, Detroit, Mich., for defendant General Motors Corporation; William A. Grier and John J. Higgins, New York City, John R. Anderson and Aloysius F. Power, Detroit, Mich., of counsel.

Covington & Burling, Washington, D. C., and Littauer, Gordon, Ullman & Riseman, New York City, for defendant E. I. du Pont de Nemours & Company; Hugh B. Cox, Daniel M. Gribbon and Harris Weinstein, Washington, D. C., Frank H. Gordon, New York City, and Irving S. Shapiro, Wilmington, Del., of counsel.


METZNER, District Judge.

This is a derivative action brought by minority stockholders of General Motors Corporation (General Motors) against E. I. du Pont de Nemours & Company (du Pont) claiming damages flowing from alleged violations of §§ 1 and 2 of the Sherman Act1 (15 U.S.C. §§ 1, 2) and breach of common law fiduciary duty.2 It is alleged that, by reason of du Pont's stock interest...

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