TULLY v. MOTT SUPERMARKETS, INC.

No. 75-2253.

540 F.2d 187 (1976)

John TULLY et al. (Plaintiffs in D.C.), v. MOTT SUPERMARKETS, INC., a corporation of the State of Connecticut, et al., (Defendants in D.C.), Appellants. Thomas INFUSINO et al. (Counterclaim Plaintiffs in D.C.), v. John TULLY et al. (Counterclaim Defendants in D.C.) (D.C. Civil Action No. 835-71).

United States Court of Appeals, Third Circuit.

Decided August 13, 1976.


Attorney(s) appearing for the Case

Dennis J. Block, Weil, Gotshal & Manges, New York City, and Donald A. Scott, Morgan, Lewis & Bockius, Philadelphia, Pa., for appellants.

Donald A. Robinson, Robinson, Wayne & Greenberg, Newark, N.J., for appellees.

Before SEITZ, Chief Judge, and ROSENN and GARTH, Circuit Judges.


OPINION OF THE COURT

SEITZ, Chief Judge.

Plaintiffs, several Class A shareholders of Wakefern Food Corp. ("Wakefern"), brought this action against the defendants, 66 Class C shareholders of Wakefern, charging them with violations of § 10(b) of Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5, in connection with defendants' purchase of Class A treasury stock of Wakefern, allegedly...

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