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KLINGER v. BALTIMORE AND OHIO RAILROAD COMPANY

Nos. 398-399, Dockets 34086-34110.

432 F.2d 506 (1970)

Charlotte KLINGER and Eric Klinger Plaintiffs-Appellees, v. The BALTIMORE AND OHIO RAILROAD COMPANY, Defendant-Appellant, and Edward C. Rose et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided September 30, 1970.

Attorney(s) appearing for the Case

Sidney B. Silverman, New York City, (Abraham L. Pomerantz, William E. Haudek, and Robert B. Block, New York City, on the brief), for plaintiffs-appellees.

Eugene Z. DuBose, New York City, (Alexander & Green, John L. Rogers, Jr., Baltimore, Md., David S. Pennock and Kenneth P. Carroll, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and FRIENDLY and HAYS, Circuit Judges.

LUMBARD, Chief Judge:

Plaintiffs, the owners of both common and preferred stock of the Reading Company, a common carrier, brought this derivative action on behalf of Reading against the Baltimore and Ohio Railroad Company (B & O) and certain individuals who were directors of Reading in April 1963.1 Jurisdiction was properly based on Section 4 of the Clayton Act, 15 U.S.C. § 15 (1964). Plaintiffs sought trebled damages against...

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