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VAN GEMERT v. BOEING CO.

Nos. 321-325, Dockets 74-1157 to 74-1159, 74-1165 and 74-1185.

520 F.2d 1373 (1975)

William R. VAN GEMERT et al., Appellants, v. The BOEING CO. et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided July 14, 1975.

Attorney(s) appearing for the Case

Stuart D. Wechsler, Kass, Goodkind, Wechsler & Gerstein, New York City, Sachnoff, Schrager, Jones & Weaver, Ltd., Elson, Lassers & Wolff, Chicago, Ill., for appellants.

Norman Winer, Nathan, Mannheimer, Asche, Winer & Friedman, New York City, for appellants.

S. Hazard Gillespie, Davis, Polk & Wardwell, New York City (David E. Wagoner, Perkins, Coie, Stone, Olsen & Williams, Seattle, Wash., William H. Levit, Jr., Hughes, Hubbard & Reed, Los Angeles, Cal., of counsel), for appellees.

Before LUMBARD, OAKES and TIMBERS, Circuit Judges.

OAKES, Circuit Judge:

This appeal is from a judgment dismissing the amended complaint in a consolidation class action brought by nonconverting holders of The Boeing Company's "4½% Convertible Subordinated Debentures, due July 1, 1980." The complaint was jurisdictionally based on the Securities Exchange Act of 1934 as amended, the Securities Act of 1933 as amended, the Trust Indenture Act of 1939 as amended and the principles of pendent jurisdiction.

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