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HEART DISEASE RESEARCH FOUND. v. GENERAL MOTORS CORP.

No. 763, Docket 72-1259.

463 F.2d 98 (1972)

HEART DISEASE RESEARCH FOUNDATION, a Charitable Trust of the State of New York, et al., Plaintiffs-Appellants, v. GENERAL MOTORS CORP. et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 5, 1972.

Attorney(s) appearing for the Case

I. Walton Bader, New York City, for plaintiffs-appellants.

Simon H. Rifkind, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, Jay H. Topkis, New York City, on the brief), for General Motors Corp.

Robert Ehrenbard, New York City (Kelley, Drye, Warren, Clark, Carr & Ellis, New York City, on the brief), for Chrysler Corporation.

Wright Tisdale, Dearborn, Mich., for Ford Motor Co.

Walter J. Williams, Detroit, Mich., for American Motors Sales Corp.

Before LEVENTHAL, FEINBERG and TIMBERS, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiffs Heart Disease Research Foundation, a charitable trust, and Robert R. Peters and Henry Sassone, two of the Foundation's trustees, appeal from an order of the United States District Court for the Southern District of New York, Harold R. Tyler, Jr., J., dismissing plaintiffs' amended complaint against General Motors Corp., Chrysler Corporation, Ford Motor Co. and American Motors Sales Corp. Plaintiffs seek to represent a class consisting...

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