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WOMETCO ENTER. INC. v. NORFOLK COCA-COLA, ETC.

Nos. 74-2310, 74-2311.

528 F.2d 1128 (1976)

WOMETCO ENTERPRISES, INCORPORATED, Appellant, v. NORFOLK COCA-COLA BOTTLING WORKS, INC., et al., Appellees. Ralph A. CATHEY, Cross-Appellant, v. WOMETCO ENTERPRISES, INCORPORATED, Cross-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 8, 1976.

Attorney(s) appearing for the Case

William T. Prince, Gerard P. Rowe, Norfolk, Va. (Williams, Worrell, Kelly & Greer, Norfolk, Va., on brief), for appellant in No. 74-2310 and for appellee in No. 74-2311.

William E. Rachels, Jr., Norfolk, Va. (Toy D. Savage, Jr., Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, Va., on brief), for appellee in No. 74-2310 and for appellant in No. 74-2311.

Marshall T. Bohannon, Jr., Norfolk, Va. (Herbert & Bohannon, Norfolk, Va., on brief), for appellee, Estate of Forrest F. Cathey, in No. 74-2310 (A. J. Kalfus on brief for appellees Joel B. Cooper and Charles Cooper, Norfolk, Va., in No. 74-2310).

Before WINTER, BUTZNER and WIDENER, Circuit Judges.

PER CURIAM:

The plaintiff, Wometco Enterprises, Inc. (Wometco), a Florida corporation owning approximately 32.5 percent of all classes of stock in Norfolk Coca-Cola Bottling Works, Inc. (Norfolk Coca-Cola), brought this stockholders' derivative action, with jurisdiction based on diversity of citizenship, alleging mismanagement of Norfolk Coca-Cola, a Virginia corporation, by its officers and directors, members of the Cathey family, and seeking

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