LEVINE v. BRADLEE

No. 16072.

378 F.2d 620 (1967)

Samuel R. LEVINE, Appellant, v. Stanwood G. BRADLEE, Julius M. F. Conrad, E. M. Doty, Leslie C. Graham, R. V. H. Harned, J. Rucker McCarty, Daniel Van Dyk, and General Acceptance Corporation, (Appellee).

United States Court of Appeals Third Circuit.

Decided May 24, 1967.


Attorney(s) appearing for the Case

Sidney B. Silverman, New York City (Richard B. Pearl, Philadelphia, Pa., on the brief), for appellant.

Israel Packel, Philadelphia, Pa. (Marvin F. Hartung, New York City, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., Conboy, Hewitt, O'Brien & Boardman, New York City, on the brief), for appellee.

Before BIGGS, HASTIE and SEITZ, Circuit Judges.


OPINION OF THE COURT

BIGGS, Circuit Judge.

The issue in this case is whether Samuel R. Levine, the plaintiff, may maintain a suit for his expenses and attorney's fees incurred in a stockholders' derivative suit without giving security for expenses.

F. R. Wills, Chairman of the Board and Chief Executive Officer of General Acceptance Corporation, GAC, a Pennsylvania corporation, was given an option by GAC to purchase 53,061, as adjusted, shares of...

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