STULL v. BAYARD

No. 1241, Docket 77-7088.

561 F.2d 429 (1977)

Richard J. STULL, Plaintiff-Appellant, v. Nicholas H. BAYARD, Paul L. Miller, Howard Piper, Thomas F. Piper and William T. Piper, Jr., Individually and as Executors of the Estate of William T. Piper, Deceased, Nicholas M. Salgo, David W. Wallace, Bangor Punta Corporation and The First Boston Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 26, 1977.


Attorney(s) appearing for the Case

Irving Bizar, New York City (Demov, Morris, Levin & Shein, New York City, Martin Rosengarten, New York City, of counsel), for plaintiff-appellant.

James V. Ryan, New York City (Rogers & Wells, New York City, of counsel), for defendant-appellee Bangor Punta Corp.

Paul G. Pennoyer, Jr., New York City (Chadbourne, Parke, Whiteside & Wolff, New York City, of counsel), for defendants-appellees Howard Piper, Thomas F. Piper and William T. Piper, Jr.

Charles W. Sullivan, New York City (Sullivan & Cromwell, New York City, of counsel), for defendant-appellee The First Boston Corp.

Before VAN GRAAFEILAND, Circuit Judge, and MEHRTENS and PIERCE, District Judges.


VAN GRAAFEILAND, Circuit Judge:

This action arises out of the unsuccessful attempt of Chris-Craft Industries (Chris-Craft) to acquire control of Piper Aircraft Corporation (Piper).1 Plaintiff, a Piper shareholder, brought suit under § 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(e), alleging that he and other members of a putative class were induced not to exchange their Piper shares for Chris-Craft stock and...

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