Fanchon & Marco, Inc. v. Paramount Pictures, Inc. ( 1953 )

CHASE, Circuit Judge

(dissenting in part).

I agree with my ¡brothers except as to the reversal of the order dismissing the complaint which alleges a cause of action based on the asserted’ right of a stockholder to maintain a derivative suit for the benefit of the corporation to recover triple damages for injury due to the violation of the antitrust laws. As to that, I agree with Judge Leibell and would affirm the dismissal of this claim for the reasons stated in his opinion. Fanchon & Marco, Inc. v. Paramount Pictures, D.C., 107 F.Supp. 532, 541.