Smith v. Sperling

237 F.2d 317 Charles B. SMITH, as Special Administrator of the Estate of Edward S. Birn, Deceased, Appellant, v. Milton SPERLING, Harry M. Warner, Jack L. Warner, United States Pictures, Inc., and Warner Bros. Pictures, Inc., Appellees. No. 14334. United States Court of Appeals Ninth Circuit. May 21, 1956. Certiorari Granted Oct. 15, 1956. See 77 S.Ct. 98 . Moss, Lyon & Dunn, Herman H. Levy, Los Angeles, Cal., for appellant. Freston & Files, Eugene D. Williams, Ralph E. Lewis, Los Angeles, Cal., Oliver B. Schwab, Beverly Hills, Cal., Arthur Livingston, Hollywood, Cal., for appellees. Before STEPHENS, FEE and CHAMBERS, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 This is a stockholders' derivative suit, which was brought ostensibly for the benefit of Warner Bros. Pictures, Inc., a Delaware corporation, by plaintiff Smith, as Special Administrator of the Estate of Edward S. Birn, deceased, owner of 400 shares of stock therein. The corporation was joined as a defendant with two of its directors and another Delaware corporation, United States Pictures, inc., along with one Sperling, a director of the latter. The trial court directed that the questions relating to…