ROSS v. BERNHARD

No. 6, Docket 32118.

403 F.2d 909 (1968)

Howard ROSS and Bernard Ross, as Trustees for Lena Rosenbaum, Plaintiffs-Appellees, v. Robert A. BERNHARD et al., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided November 1, 1968.

Certiorari Granted March 24, 1969.


Attorney(s) appearing for the Case

Rosenthal & Gurkin, New York City (Pomerantz, Levy, Haudek & Block, New York City, Abraham L. Pomerantz and Richard M. Meyer, New York City, on the brief), for plaintiffs-appellees.

Sullivan & Cromwell, New York City (Marvin Schwartz and Cornelius B. Prior, Jr., New York City, on the brief), for defendants-appellants, Clark, Francis, Kircher, Puckett, Reavis, Thornton and Wilde.

Simpson, Thacher & Bartlett, New York City (William J. Manning and Lawrence M. McKenna, New York City, on the brief), for defendants-appellants, Robert A. Bernhard, and another.

Walsh & Frisch, New York City (E. Roger Frisch, New York City, on the brief), for defendant-appellant, The Lehman Corp.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.


Certiorari Granted March 24, 1969. See 89 S.Ct. 1190.

LUMBARD, Chief Judge:

This appeal, taken by permission, questions a district court ruling which would allow a jury trial of a stockholders' derivative action. The defendants in this diversity action appeal from a Southern District order entered November 6, 1967 denying their motion to strike plaintiffs' demand for a jury trial. On December 6, 1967, Judge McLean granted defendants' motion to resettle his...

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