GREEN v. SANTA FE INDUSTRIES, INC.

No. 157, Docket 75-7256.

533 F.2d 1283 (1976)

S. William GREEN et al., Plaintiffs-Appellants, v. SANTA FE INDUSTRIES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 18, 1976.

Rehearing Denied June 30, 1976.


Attorney(s) appearing for the Case

Aaron Lewittes, New York City (Sidney Bender and Leventritt Lewittes & Bender, New York City, on the brief), for plaintiffs-appellants.

William R. Glendon, New York City (Guy C. Quinlan, Gene M. Bauer and Rogers & Wells, New York City, on the brief), for defendants-appellees Santa Fe Industries, Inc., Santa Fe Natural Resources, Inc., and Kirby Lumber Corp.

S. Hazard Gillespie, New York City (James W. B. Benkard, Charles R. Morgan and Davis, Polk & Wardwell, New York City, on the brief), for defendant-appellee Morgan Stanley & Co.

Before MEDINA, MOORE and MANSFIELD, Circuit Judges.


MEDINA, Circuit Judge:

S. William Green and others, shareholders of Kirby Lumber Corporation, individually and as such shareholders, suing on behalf of themselves and for the benefit of the corporation and for the class of all other minority shareholders of Kirby, appeal from an order of Judge Charles L. Brieant, Jr. in the Southern District of New York, dismissing their amended complaint for failure of subject matter jurisdiction and for failure to state a claim...

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