BRODY v. CHEMICAL BANK

Nos. 956, 957, Dockets 75-7049, 75-7158.

517 F.2d 932 (1975)

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

United States Court of Appeals, Second Circuit.

Decided June 9, 1975.


Attorney(s) appearing for the Case

Benedict Wolf, New York City (Wolf, Popper, Ross, Wolf & Jones, New York City, Lester L. Levy, New York City, of counsel), for plaintiff-appellant.

Ralph L. McAfee, New York City (Cravath, Swaine & Moore, New York City, Richard S. Simmons, Andrew P. Tashman, Lawrence R. Samuels, Robert M. Sondak, New York City, of counsel), for defendants-appellees Chemical Bank and The Fidelity Bank.

Pepper, Hamilton & Scheetz, Philadelphia, Pa., of counsel, for The Fidelity Bank.

Simpson, Thacher & Bartlett, New York City, Horace J. McAfee, New York City, of counsel, for Manufacturers Hanover Trust Co.

Winthrop, Stimson, Putnam & Roberts, New York City, Stephen A. Weiner, New York City, of counsel, for Irving Trust Co.

Milbank, Tweed, Hadley & McCloy, New York City, Andrew J. Connick, Norman R. Nelson, New York City, of counsel, for Chase Manhattan Bank, N. A., and Girard Trust Bank.

Drinker, Biddle & Reath, Philadelphia, Pa., of counsel, for Girard Trust Bank.

Brady, Tarpey, Downey, Hoey, New York City, John V. Downey, New York City, of counsel, for Bank of Montreal.

Before MULLIGAN, TIMBERS and GURFEIN,


PER CURIAM:

This case is before us again on an appeal from the granting of a second motion to dismiss the complaint for failure to comply with Fed.R.Civ.P. 23.1.

The underlying facts are set out in part in our earlier opinion, 482 F.2d 1111 (2d Cir.), cert. denied, 414 U.S. 1104, 94 S.Ct. 737, 38 L.Ed.2d 559 (1973). Briefly, plaintiff, a holder of preferred stock of the Pennsylvania Company ("Pennco"), commenced this action...

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