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VIACOM INTERN. INC. v. ICAHN

No. 1534, Docket 91-7174.

946 F.2d 998 (1991)

VIACOM INTERNATIONAL INC., Plaintiff-Appellant, v. Carl C. ICAHN; Icahn Holding; Icahn Capital Corp.; Heron Investors Plan Inc.; ACF Corporation, Inc.; Unicorn Associates Corporation; GNU Corp.; Excaliber Partners; Health Investors Limited Partnership; Longview Investors Limited Partnership; Harmonious Associates Limited Partnership; Stork Associates Limited Partnership, Defendants - Third - Party - Plaintiffs -Appellees, Ralph M. Baruch; Terrence A. Elkes; Kenneth F. Gorman; John W. Goddard; Leo Cherne; Joseph F. Condon; Theodore C. Jackson; Alan R. Johnson; Paul A. Norton; Harry M. Plotkin; Nance C. Reynolds; John F. White, Third-Party-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 9, 1991.

Attorney(s) appearing for the Case

Michael E. Tigar, Austin, Tex. (Stephen Lowey, Neil J. Selinger, John Mage, Lowey Dannenberg Bemporad & Selinger, P.C., Goodkind, Labaton & Rudoff, Wolf Popper Ross Wolf & Jones, New York City of counsel), for plaintiff-appellant.

Dennis J. Block, New York City (Stephen A. Radin, Beth J. Jacobwitz, New York, New York, Weil, Gotshal & Manges, of counsel), for third-party-defendants-appellees.

Before KEARSE, MAHONEY, and SNEED, Circuit Judges.

SNEED, Circuit Judge:

Plaintiff, Viacom International Inc. (Viacom), appeals from the district court's grant of summary judgment dismissing the plaintiff's case against defendants Carl Icahn (Icahn) and various corporations and entities controlled by Icahn. Viacom claims that Icahn committed extortion, in violation of the Hobbs Act, 18 U.S.C. § 1951 (1988), when Viacom was forced to repurchase Icahn's Viacom stock at...

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