BURTON v. EXXON CORP.

No. 81 Civ. 5040 (GLG).

583 F.Supp. 405 (1984)

John R. BURTON, suing on behalf of himself and all other similarly situated holders of $7 Cumulative Second Preferred Stock of European Gas & Electric Company, Plaintiff, v. EXXON CORPORATION, European Gas & Electric Company, R.F. Dilworth, D.G. Gill and W.W. Stewart, Defendants.

United States District Court, S.D. New York.

As Amended April 18, 1984.


Attorney(s) appearing for the Case

Dickstein, Shapiro & Morin, New York City, and Chestnut & Brooks, P.A., Minneapolis, Minn., for plaintiff and plaintiff class; Sidney Dickstein, Leonard Garment, New York City, Peter W. Morgan, Washington, D.C., and Thomas H. Graham, Minneapolis, Minn., of counsel.

Sullivan & Cromwell, and Kenneth M. Bialo, New York City, for defendant Exxon Corp.; Robert M. Osgood, Robert J. Lack, Richard E. Simpson, New York City, of counsel.

Walsh & Frisch, New York City, for defendant European Gas & Electric Company; E. Roger Frisch, Jerome K. Walsh, New York City, of counsel.

Satterlee & Stephens, New York City, for defendants R.F. Dilworth, D.G. Gill and W.W. Stewart; Robert M. Callagy, New York City, of counsel.


OPINION

GOETTEL, District Judge:

This is a class action brought by plaintiff John R. Burton on behalf of himself and all other similarly situated holders of $7 Cumulative Second Preferred Stock of the European Gas & Electric Company ("Eurogasco") against Eurogasco, the Exxon Corporation ("Exxon"), R.F. Dilworth, D.G. Gill, and W.W. Stewart. The plaintiff alleges that the defendants breached their fiduciary duties to the Second Preferred stockholders...

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