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SHORE v. PARKLANE HOSIERY CO., INC.

No. 895, Docket 79-7001.

606 F.2d 354 (1979)

Leo M. SHORE, Plaintiff-Appellee, v. PARKLANE HOSIERY COMPANY, INC., Herbert N. Somekh, Defendants-Appellees, v. Angelo C. PAPPALARDO et al., Intervening Stockholders-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 12, 1979.

Attorney(s) appearing for the Case

Arthur M. Wisehart, New York City (Wisehart, Friou & Koch, New York City, Frederick J. Cuccia, New York City, on brief), for intervening stockholders-appellants.

Jack B. Levitt, New York City (Goldman, Cooperman & Levitt, New York City, on brief), for defendants-appellees.

Samuel K. Rosen, New York City (Kass, Goodkind, Wechsler & Labaton, New York City, on brief), for plaintiff-appellee.

Before MULLIGAN, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This appeal adds another chapter to the already lengthy litigation of Shore v. Parklane Hosiery Co. In the last chapter, the Supreme Court affirmed our determination that principles of collateral estoppel barred defendants from relitigating in this private action the question whether certain proxy solicitations were fraudulent and misleading,1 a question that had been answered affirmatively in an...

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