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POPKIN v. BISHOP

Nos. 479, 480, Dockets 71-2027, 71-2133.

464 F.2d 714 (1972)

Irwin POPKIN, Plaintiff-Appellant, v. Warner B. BISHOP et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 29, 1972.

Attorney(s) appearing for the Case

Martin A. Coleman, New York City (Rubin Wachtel Baum & Levin, Stephen A. Marshall and Carl Robert Aron, on brief), for plaintiff-appellant.

Robert B. von Mehren, New York City (Debevoise, Plimpton, Lyons & Gates, Eldon V. C. Greenberg, on brief), for defendants-appellees The Equity Corp. and Michael D. Dingman.

Simpson Thacher & Bartlett, James G. Greilsheimer and Ronald A. Zanoni, New York City, for defendant-appellee Bell Intercontinental Corp.

Palmer & Serles, William A. Metz, New York City, for defendant-appellee Frye Industries, Inc.

Hughes Hubbard & Reed, Powell Pierpoint, New York City, for defendant-appellee The Wheelabrator Corp.

Before SMITH, FEINBERG and MULLIGAN, Circuit Judges.

FEINBERG, Circuit Judge:

Irwin Popkin appeals from an order of the United States District Court for the Southern District of New York, Sylvester J. Ryan, J., dismissing his complaint which alleged a violation of Rule 10b-5. Appellant, a shareholder of Bell Intercontinental Corporation (Bell), commenced this derivative action in June 1971 to enjoin the proposed merger of Bell and its two subsidiaries into The Equity Corporation (Equity), the majority shareholder of...

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