ITT v. VENCAP, LTD.

Nos. 704, 705 and 865, Dockets 74-1969, 74-2366 and 74-2341.

519 F.2d 1001 (1975)

IIT, an International Investment Trust, et al., Plaintiffs-Appellees-Cross-Appellants, v. VENCAP, LTD., et al., Defendants-Appellants-Cross-Appellees, and Walter Blackman et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided April 28, 1975.


Attorney(s) appearing for the Case

Eugene R. Anderson, New York City (Richard W. Collins, Neal J. Morse, Leon B. Kellner, and Anderson, Russell, Kill & Olick, New York City, of counsel), for plaintiffs-appellees-cross-appellants.

Gerald E. Paley, New York City (Paley & Miller, New York City, of counsel), for defendants-appellants-cross-appellees Vencap, Ltd., Intervent, Inc., and Intercapital, N. V.

Arthur A. Munisteri, New York City, for defendant-appellant-cross-appellee Richard C. Pistell.

Peter K. Leisure, New York City (John E. Sprizzo, Robert S. Lipton, John F. Egan, and Curtis, Mallet-Prevost, Colt & Mosle, New York City, of counsel), for defendants-appellants-cross-appellees Charles E. Murphy, Jr., David Taylor and Havens, Wandless, Stitt & Tighe.

Securities & Exchange Commission, Washington, D. C. (David Ferber, Charles E. H. Luedde, and David K. Ginn, Washington, D. C.), amicus curiae.

Before FRIENDLY, MULLIGAN and TIMBERS, Circuit Judges.


FRIENDLY, Circuit Judge:

This action, for fraud, conversion, and corporate waste, was brought on June 10, 1974 in the District Court for the Southern District of New York by IIT, an international investment trust organized under the laws of Luxembourg and currently in the process of liquidation there,1 and three citizens of that country who have been appointed by the District Court of Luxembourg as its liquidators, Order of Liquidation...

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