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GENERAL ELEC. CO. BY LEVIT v. CATHCART

No. 92-1356.

980 F.2d 927 (1992)

GENERAL ELECTRIC COMPANY, Derivatively by J.H. LEVIT v. Silas S. CATHCART; Lawrence E. Fouraker, John F. Welch; H.B. Atwater; Edward E. Hood, Jr.; Richard T. Baker; Gertrude G. Michelson; Lawrence A. Bossidy; C.C. Dickey, Jr.; David C. Jones; B.S. Preiskel; W.B. Wriston; Andrew C. Sigler; Robert E. Mercer; Lewis T. Preston; F.H. Rhodes; H.H. Henley, Jr.; Henry L. Hillman; General Electric Company; J.H. Levit, in his own right, and derivatively on behalf of the General Electric Company, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 3, 1992.

Attorney(s) appearing for the Case

James R. Malone, Jr. (argued), Mark C. Rifkin, Richard D. Greenfield, C. Oliver Burt, III, Greenfield and Chimicles, Haverford, Pa., for appellant.

Lewis B. Kaden (argued), Lawrence J. Portnoy, Davis, Polk & Wardwell, New York City, for appellees except General Elec. Co.

J. Clayton Undercoffler, Michael R. Lastowski, William M. Janssen, Saul, Ewing, Remick & Saul, Philadelphia, Pa., for appellee General Elec. Co.

Before GREENBERG, NYGAARD, and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. FACTUAL AND PROCEDURAL HISTORY

J.H. Levit appeals in this shareholder derivative action from a district court order of March 30, 1992, dismissing his federal securities claims pursuant to Fed.R.Civ.P. 12(b)(6), and dismissing his state claims for lack of supplemental jurisdiction. We will affirm the district court's order with respect to all the claims except one, the appeal from which we will dismiss...

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