HERALD COMPANY v. SEAWELL

Nos. 691-70, 692-70.

472 F.2d 1081 (1972)

The HERALD COMPANY, Plaintiff-Appellee (Cross-Appellant), v. Donald R. SEAWELL et al., Defendants-Appellants (Cross-Appellees).

United States Court of Appeals, Tenth Circuit.

December 29, 1972.


Attorney(s) appearing for the Case

Arthur J. Goldberg, New York City (Jay H. Topkis, Mark H. Alcott and Robert S. Smith of Paul, Weiss, Rifkind, Wharton & Garrison, New York City; William C. McClearn and Edwin S. Kahn of Holland & Hart, Denver, Colo., and Walter J. Predovich and Lester L. Ward, Jr., of Predovich & Ward, Pueblo, Colo., on the brief) for defendants-appellants.

Robert Swanson, Denver, Colo. (Fred E. Neef, Denver, Colo., on the brief) for plaintiff-appellee.

Before HILL, SETH and BARRETT, Circuit Judges.


HILL, Circuit Judge.

This is an appeal from a judgment in the District of Colorado, D.C., 315 F.Supp. 497, in a stockholders' derivative action. The suit was filed on behalf of the Denver Post, Inc., a Colorado newspaper publishing corporation, by the Herald Company, a New York corporation and a minority stockholder, seeking relief for the Denver Post corporation against its officers and directors for misconduct, breach of trust...

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