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LEWIS v. McGRAW

Nos. 953, 1101, Dockets 79-7883, 80-7203.

619 F.2d 192 (1980)

Harry LEWIS, Alfred B. Reiss, Carola Gruen, as Executrix of the estate of her late husband, Theodore Gruen, Ira Barmak and Colonial Securities Corporation, Plaintiffs-Appellants, v. Harold W. McGRAW, Jr., John L. McGraw, Daniel F. Crowley, Peter O. Lawson-Johnston, Kay K. Mazuy, William J. McGill, Gordon W. McKinley, Alan J. Pifer, Louis Putze, Howard S. Tuthill, James E. Webb, Vernon R. Alden, George R. Webster and McGraw-Hill, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 3, 1980.

Attorney(s) appearing for the Case

Stuart D. Wechsler, New York City (Robert I. Harwood, Mordecai Rosenfeld, A. Arnold Gershon, New York City, of counsel), for plaintiffs-appellants.

Herbert M. Wachtell, New York City (Douglas S. Liebhafsky, Michael W. Schwartz, Theodore N. Mirvis, New York City, of counsel), for defendants-appellees.

Before KAUFMAN, Chief Judge, MESKILL, Circuit Judge, and BRIEANT, District Judge.

PER CURIAM:

The instant action is a consolidation of five similar lawsuits brought on behalf of McGraw-Hill, Inc. stockholders, alleging that McGraw-Hill and its directors made false statements of material facts in response to two proposals of the American Express Company for the acquisition of substantial amounts of McGraw-Hill stock. The issue before us is whether shareholders may maintain a cause of action for damages under the Williams Act, 15 U.S.C. § 78n...

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