WESTINGHOUSE ELEC. CORP. BY LEVIT v. FRANKLIN

Civ. A. No. 88-5260.

789 F.Supp. 1313 (1992)

WESTINGHOUSE ELECTRIC CORPORATION, derivatively by Joseph H. LEVIT; George M.D. Richards, individually and on behalf of all others similarly situated, Plaintiffs, v. B.H. FRANKLIN; John C. Marous; R.M. Morrow; Hays T. Watkins; Donald F. Hornig; John B. Carter; Robert W. Campbell; R.C. McPherson; R.R. Pivirotto; D.T. McLaughlin; P.E. Lego; William A. Powe, Defendants, and Westinghouse Electric Corporation, Nominal Defendant.

United States District Court, D. New Jersey.

April 21, 1992.


Attorney(s) appearing for the Case

Richard D. Greenfield, Mark C. Rifkin, Greenfield & Chimicles, Haverford, Pa., Arnold Levin, Levin Fishbein Sedran & Berman, Phyllis C. Kaufman, Philadelphia, Pa., for plaintiffs.

Ira M. Millstein, Greg A. Danilow, Weil, Gotshal & Manges, New York City, for defendants.

Raymond M. Tierney Jr., William D. Sanders, Shanley & Fisher, Morristown, N.J., for defendants and nominal defendant Westinghouse Elec. Corp.

David Boies, Richard W. Clary, Cravath, Swaine & Moore, New York City, for nominal defendant Westinghouse Elec. Corp.


OPINION

BROTMAN, District Judge.

Presently before the court is the motion on behalf of all defendants to dismiss Count I of the complaint for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, and to dismiss Counts II and III of the complaint for failure to make an adequate pre-suit demand or to adequately allege with particularity why demand should be excused as required by Rule 23.1 of the Federal Rules of Civil...

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