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DILLON v. SCOTTEN, DILLON COMPANY

Civ. A. No. 4182.

335 F.Supp. 566 (1971)

Len J. DILLON and Fred R. Davis, Plaintiffs, v. SCOTTEN, DILLON COMPANY et al., Defendants.

United States District Court, D. Delaware.

December 16, 1971.

Attorney(s) appearing for the Case

David T. Dana, III, Richards, Layton & Finger, Wilmington, Del., and Andrew N. Grass, Jr. and James P. Conroy, Windels, Merritt & Ingraham, New York City, of counsel, for plaintiffs.

Richard F. Corroon, Charles S. Crompton, Jr. and Michael D. Goldman, Potter, Anderson & Corroon, Wilmington, Del., for defendants.

OPINION

LATCHUM, District Judge.

This case involves the question of who has the rightful possession of two seats on the Board of Directors of Scotten, Dillon Company ("Scotten, Dillon"). Invoking jurisdiction pursuant to 28 U.S.C. § 2201, Section 27 of the Securities Exchange Act of 1934, 15 U.S.C. § 78aa, and the principles of pendent jurisdiction, the plaintiffs, Len J. Dillon ("Dillon") and Fred R. Davis ("Davis"), have filed suit to set aside...

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