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ABRAMSON v. PENNWOOD INVESTMENT CORP.

No. 277, Docket 31905.

392 F.2d 759 (1968)

Ina Frankel ABRAMSON, Irving Hellman and Beatrice Hellman, Plaintiffs-Appellees, v. PENNWOOD INVESTMENT CORP. et al., Defendants-Appellees, and Edward Nathan, Intervenor-Appellant.

United States Court of Appeals Second Circuit.

Decided April 9, 1968.

Attorney(s) appearing for the Case

Donald N. Ruby, New York City (Wolf, Popper, Ross, Wolf & Jones, New York City, on the brief), for plaintiffs-appellees.

Leon Gold, New York City (Shea, Gallop, Climenko & Gould, Bruce A. Hecker, New York City, on the brief), for defendants-appellees.

Edward Nathan, New York City (Herbert Ascher, Jr., New York City, on the brief), for intervenor-appellant.

Before LUMBARD, Chief Judge, and WATERMAN and FEINBERG, Circuit Judges.

LUMBARD, Chief Judge:

Edward Nathan appeals from an order of the Eastern District of New York, wherein Judge Mishler denied with prejudice his motion for leave to intervene as a plaintiff in this stockholder's derivative action. We affirm the order. The motion was not accompanied by a pleading as required by Rule 24(c) of the Federal Rules of Civil Procedure. Furthermore, the objections which appellant seeks to raise in the present action had been litigated by appellant...

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