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VAN GEMERT v. BOEING CO.

Nos. 879, 880, Dockets 77-7009, 77-7031.

553 F.2d 812 (1977)

William R. VAN GEMERT et al., Plaintiffs-Appellants, v. The BOEING COMPANY and Thomas R. Wilcox, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 18, 1977.

Attorney(s) appearing for the Case

Norman Winer, New York City (Nathan, Mannheimer, Asche, Winer & Friedman, New York City, of counsel), for plaintiffs-appellants.

Stuart D. Wechsler, New York City (Kass, Goodkind, Wechsler & Gerstein, New York City, of counsel), for plaintiffs-appellants Van Gemert, Henning, Houchins, Pearlman, Chariott.

Irving Steinman, New York City, for Committee of Attorneys, for plaintiffs-appellants.

S. Hazard Gillespie, New York City (Davis, Polk & Wardwell; Sheila T. McMeen, 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 defendants-appellees.

Before MANSFIELD and VAN GRAAFEILAND, Circuit Judges, and MISHLER, District Judge.

VAN GRAAFEILAND, Circuit Judge:

This appeal arises from a consolidated class action brought by non-converting holders of the Boeing Company's 4½% convertible subordinated debentures due July 1, 1980. The amended complaint alleges that appellants had received inadequate notice of Boeing's intention to call the convertible debentures in question and were therefore unable to exercise their conversion rights prior to the deadline for the call which was midnight,...

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