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SUFFIN v. PENNSYLVANIA RAILROAD COMPANY

No. 17106.

396 F.2d 75 (1968)

Frieda SUFFIN, Appellant, v. The PENNSYLVANIA RAILROAD COMPANY, the Pennsylvania Company and Norfolk and Western Railway Company.

United States Court of Appeals Third Circuit.

Decided June 6, 1968.

Attorney(s) appearing for the Case

Abraham L. Pomerantz, Pomerantz, Levy, Haudek & Block, New York City (Irving Morris, Cohen, Morris & Rosenthal, Wilmington, Del., William E. Haudek, Daniel W. Krasner, New York City, on the brief), for appellant.

David L. Wilson, General Atty., Legal Dept., Philadelphia, Pa. (Potter, Anderson & Corroon, Wilmington, Del., on the brief), for Pennsylvania Co. and Pennsylvania R.R. Co.

Francis S. Bensel, Kelly, Drye, Newhall, Maginnes & Warren, New York City (Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Frank H. Heiss, Richard J. Concannon, New York City, on the brief), for Norfolk and W. Ry. Co.

Before HASTIE, Chief Judge, and McLAUGHLIN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This appeal is from an order of the District Court granting defendants-appellees' motions to dismiss a derivative stockholder suit for lack of jurisdiction. See Suffin v. Pennsylvania Railroad Company, 276 F.Supp. 549 (D.Del.1967), where the background facts and motions are accurately summarized. The appellant brought her derivative suit, seeking...

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