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STERN v. GENERAL ELEC. CO.

No. 167, Docket 87-7481.

924 F.2d 472 (1991)

Philip M. STERN, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, John F. Welch, Jr., Lawrence A. Bossidy, Edward E. Hood, Jr., Richard T. Baker, James G. Boswell II, Silas C. Cathcart, Charles D. Dickey, Jr., Lawrence E. Fouraker, Henry H. Henley, Jr., Henry L. Hillman, Robert E. Mercer, Gertrude G. Michelson, Barbara Scott Preiskel, Lewis T. Preston, Frank H.T. Rhodes, Andrew C. Sigler, and Walter B. Wriston, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 28, 1991.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., New York City (Craig A. Landy, Peter James Clines, Brown & Seymour, of counsel), for plaintiff-appellant.

Robert B. Fiske, Jr., New York City (Davis Polk & Wardwell, of counsel), for individual defendants-appellees.

Philip A. Lacovara, Fairfield, Conn., for defendant-appellee General Electric Co.

Before OAKES, Chief Judge, PIERCE and WINTER, Circuit Judges.

OAKES, Chief Judge:

Philip M. Stern appeals from a judgment of the United States District Court for the Southern District of New York, Mary Johnson Lowe, Judge, granting the motion of General Electric Company ("GE") and sixteen of its directors (the "Directors") to dismiss Stern's complaint. For the reasons set forth below, we affirm as to Counts Two and Three of the complaint, but reverse as to Counts One and Four and remand with instructions to modify the judgment...

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