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AVON PRODUCTS, INC. v. CHARTWELL ASSOCIATES L.P.

No. 1617, Docket 90-7404.

907 F.2d 322 (1990)

AVON PRODUCTS, INCORPORATED, Plaintiff-Appellant, v. CHARTWELL ASSOCIATES L.P., Larry Fisher, Zachary Fisher, Arnold Fisher, Richard L. Fisher, M. Anthony Fisher, Argonaut Partners I, L.P., The Gordon P. Getty Family Trust, New Arrow Corporation, Mary Kay Cosmetics, Inc., Mary Kay Corporation, J.R. Investments Corp., Richard R. Rogers, First Chicago Trust Company of New York, and John P. Rochon, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 28, 1990.

Attorney(s) appearing for the Case

D. Stuart Meiklejohn, New York City (William R. Norfolk, Robert A. Sacks, Steven L. Holley, Lisamichelle Davis, Howard J. Kaplan, Sullivan & Cromwell, New York City, of counsel), for appellant.

Philippe M. Salomon, New York City (Willkie Farr & Gallagher, Vaughn C. Williams, Skadden, Arps, Slate, Meagher & Flom, New York City, of counsel), for appellees.

Before: MESKILL, WINTER and PRATT, Circuit Judges.

PER CURIAM:

Plaintiff Avon Products, Inc. (Avon) appeals from a judgment entered in the United States District Court for the Southern District of New York, Leval, J., granting the request of defendants-appellees for a declaratory judgment. The district court held that Avon's amended shareholder rights plan (Rights Plan) discriminates among shareholders in violation of N.Y. Bus.Corp.Law § 501(c) (McKinney Supp. 1990), which provides that "each share shall...

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