Callman GOTTESMAN, Maria Mattiello and Paul J. Peyser, Plaintiffs-Appellants,
v.
GENERAL MOTORS CORPORATION and E. I. du Pont de Nemours & Company, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 9, 1970.
Decided January 4, 1971.
Rehearing Denied February 1, 1971.
Attorney(s) appearing for the Case
David Brady, New York City, Bergreen & Bergreen, Gordon, Brady, Caffrey & Keller, Netter, Netter, Dowd, Fox & Ness, Leo Brady, Clendon H. Lee and Arthur B. Netter, New York City, of counsel, for plaintiffs-appellants.
Daniel M. Gribbon, Washington, D. C., Covington & Burling, Littauer, Gordon, Ullman, Riseman & Ploscowe, Hugh B. Cox, Harris Weinstein, Richard B. Stewart, Frank H. Gordon, Washington, D. C., and Irving S. Shapiro, Wilmington, Del., of counsel, for defendant-appellee E. I. du Pont de Nemours & Co.
Edward B. Wallace, New York City, Ross L. Malone, William A. Grier and John J. Higgins, New York City, of counsel, for defendant-appellee General Motors Corp.
Before MARIS and MOORE, Circuit Judges, and RYAN, District Judge.
United States Court of Appeals, Second Circuit.
MARIS, Circuit Judge:
This is a derivative action brought under section 4 of the Clayton Act1 by the plaintiffs as stockholders of General Motors Corporation against E.I. du Pont de Nemours and Company for treble the damages sustained by General Motors by reason of du Pont's violation of section 7 of the Clayton Act and sections 1 and 2 of the Sherman Act and the breach of its common law fiduciary duty. The action was commenced shortly...
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