WALTON v. MORGAN STANLEY & CO. INC.

No. 685, Docket 79-7725.

623 F.2d 796 (1980)

Kathryn R. WALTON and Irmgart Van Daell Heckel, Plaintiffs-Appellants, v. MORGAN STANLEY & CO. INCORPORATED, Defendant-Appellee, and Olinkraft, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Decided June 4, 1980.


Attorney(s) appearing for the Case

Sidney B. Silverman, New York City, (Silverman & Harnes, New York City, of counsel), for plaintiffs-appellants.

Kass, Goodkind, Wechsler & Labaton, New York City, for plaintiff-appellant Heckel.

Henry L. King, New York City (Davis, Polk & Wardwell, James W. B. Benkard, Robert F. Wise, Jr., E. Waide Warner, Jr., New York City, of counsel), Skadden, Arps, Slate, Meagher & Flom, New York City (William R. Meagher, William P. Frank, Jeffrey Gleckel, New York City, of counsel), for defendant-appellee.

Before LUMBARD, OAKES and NEWMAN, Circuit Judges.


LUMBARD, Circuit Judge:

Kathryn R. Walton and Irmgart Van Daell Heckel appeal from an order entered by Judge Morris Lasker in the District Court for the Southern District of New York on October 10, 1979. The district court dismissed appellants' complaint, which they had filed derivatively on behalf of Olinkraft, Inc. and which alleged that Morgan Stanley & Co., Inc. had breached a fiduciary duty it owed to Olinkraft, because appellants had not alleged any injury...

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