BRODY v. CHEMICAL BANK

No. 812, Docket 72-2047.

482 F.2d 1111 (1973)

Anita B. BRODY, Plaintiff-Appellant, v. CHEMICAL BANK et al., Defendants-Appellees, and Pennsylvania Company, Defendant.

United States Court of Appeals, Second Circuit.

Decided July 3, 1973.


Attorney(s) appearing for the Case

Benedict Wolf, New York City (Wolf, Popper, Ross, Wolf & Jones, and Lester L. Levy, New York City, on the brief), for plaintiff-appellant.

Ralph L. McAfee, New York City (Cravath, Swaine & Moore, New York City, and Richard S. Simmons, Andrew P. Tashman and Lawrence R. Samuels, New York City, of counsel ; Pepper, Hamilton & Scheetz, Philadelphia, Pa., of counsel for The Fidelity Bank), for defendants-appellees Chemical Bank and The Fidelity Bank.

Simpson, Thacher & Bartlett, New York City (Horace J. McAfee, Roy L. Reardon and Edward C. Mendrzycki, New York City, of counsel), for defendant-appellee Manufacturers Hanover Trust Co.

Winthrop, Stimson, Putnam & Roberts, New York City (Stephen A. Weiner, New York City, of counsel), for defendant-appellee Irving Trust Co.

Milbank, Tweed, Hadley & McCloy, New York City (Andrew J. Connick, Briscoe R. Smith and Norman R. Nelson, New York City, of counsel ; Drinker, Biddle & Reath, Philadelphia, Pa., of counsel for Girard Trust Bank), for defendants-appellees Chase Manhattan Bank, N.A. and Girard Trust Bank.

Tobin, Decof, LeRoy & Silverstein, New York City (John V. Downey, New York City, of counsel), for defendant-appellee Bank of Montreal.

Before HAYS, MANSFIELD and MULLIGAN, Circuit Judges.


PER CURIAM:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Hon. Lee P. Gagliardi, entered on August 3, 1972, dismissing finally an amended complaint. The complaint by a preferred stockholder of the Pennsylvania Company (Pennco) was brought derivatively on behalf of Pennco and representatively on behalf of all other Pennco stockholders similarly situated. Plaintiff alleges that the defendants Chemical Bank...

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