ROSENFELD v. BLACK

No. 67 Civ. 1428 and consolidated cases.

336 F.Supp. 84 (1972)

Judah ROSENFELD, as custodian for Joel B. Rosenfeld, et al., Plaintiffs, v. E. R. BLACK et al., Defendants.

United States District Court, S. D. New York.

January 6, 1972.


Attorney(s) appearing for the Case

Pomerantz, Levy, Haudek & Block, New York City, for plaintiffs; by Abraham L. Pomerantz, William E. Haudek, Mordecai Rosenfeld, New York City, of counsel.

Hofheimer, Gartlir, Hofheimer, Gottlieb & Gross, New York City, for plaintiff Jack Farber; by Norman S. Nemser, New York City, of counsel.

Nemerov & Shapiro, New York City, for plaintiff Beatrice S. Frank; by Mortimer S. Shapiro, New York City, of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendants Lazard Freres & Co., Albert J. Hettinger, Jr. and Richard H. Mansfield; by Simon H. Rifkind, Paul J. Newlon, Mark H. Alcott, Bruce S. Kaplan, New York City, of counsel.

White & Case, New York City, for defendants Dun & Bradstreet, Inc., Moody's Investors Service, Inc. and Moody's Advisors & Distributors, Inc.; by Thomas Kiernan, Morton Moskin, P. B. Konrad Knake, Jr., New York City, of counsel.

Sullivan & Cromwell, New York City, for defendant Alan H. Temple.

Walsh & Frisch, New York City, for defendant Moody's Capital Fund; by E. Roger Frisch, New York City, of counsel.

Marshall, Bratter, Greene, Allison & Tucker, New York City, for Stockholders Committee; by J. L. Greene, New York City, of counsel.

Joseph V. Heffernan, New York City, for shareholders Marion C. and Joseph V. Heffernan.


GURFEIN, District Judge.

A settlement of this derivative stockholders' action is presented to the Court for approval pursuant to Fed.R.Civ.P. 23.1. The settlement was effected after the decision of the Court of Appeals for the Second Circuit, reversing the grant of summary judgment for the defendants in the District Court, thus sending the case back for trial. The opinion of the Court of Appeals is reported at 445 F.2d 1337 and the...

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