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SWINNEY v. KEEBLER COMPANY

Nos. 72-1968, 72-1969.

480 F.2d 573 (1973)

John G. SWINNEY and R. S. Dickson and Company, a North Carolina Corporation, on behalf of themselves and all others similarly situated, Appellees, v. KEEBLER COMPANY, Appellant. John G. SWINNEY and R. S. Dickson and Company, a North Carolina Corporation, on behalf of themselves and all others similarly situated, Appellees, v. FLORA MIR CANDY CORPORATION et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 26, 1973.

Attorney(s) appearing for the Case

John M. Johnston, New York City (White & Case, Thomas Jefferson O'Sullivan, III, Vincent R. Fitzpatrick, Jr., New York City, H. Simmons Tate, Jr., J. Donald Dial, Jr., Boyd, Bruton, Knowlton, Tate & Finlay, Columbia, S. C., on brief) for appellants.

David L. Freeman and C. T. Wyche, Greenville, S. C. (William W. Kehl, Wyche, Burgess, Freeman & Parham, P. A., Greenville, S. C., Russell M. Robinson, II, and Fleming, Robinson & Bradshaw, P. A., Charlotte, N. C., on brief) for appellees.

Before WINTER, FIELD and WIDENER, Circuit Judges.

WINTER, Circuit Judge:

Plaintiffs, two holders of a part of the defaulted $330,000, principal amount, seven percent subordinated debentures of Meadors, Inc. (Meadors), instituted this action for themselves and all other similarly situated Meadors' debenture holders. The object of the suit was to obtain payment of the debentures or damages equal to the amounts unpaid. They named as defendants Meadors, the issuer of the debentures, and various companies, including the...

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