Dreibus v. Wilson

529 F.2d 170 41 A.L.R.Fed. 166, 1975-2 Trade Cases 60,664 Perry J. DREIBUS and Frank G. Coleman, on behalf of themselves and all other shareholders of Velvet Imports, Inc., a corporation, Plaintiffs and Appellants, v. Carlyle F. WILSON et al., Defendants and Appellees. No. 74--1576. United States Court of Appeals, Ninth Circuit. Dec. 29, 1975. 1 Ronald M. Bayer (argued), Los Angeles, Cal., for plaintiffs and appellants. 2 Joseph D. Mullender, Jr. (argued), of Ball, Hunt, Hart, Brown & Baerwitz, Beverly Hills, Cal., for defendants and appellees. OPINION 3 Before ELY, Circuit Judge, CARTER, Senior Circuit Judge, and EAST, Senior District Judge. * EAST, Senior District Judge: 4 The plaintiffs-appellants Dreibus and Coleman (Dreibus Group), as owners of 50 percent of the capital stock of Velvet Imports, Inc., appeal from an order of the District Court dismissing their Clayton Act ( 15 U.S.C. § 15 , et seq.) shareholders derivative action for damages and injunctive relief from alleged violations of § 1 (conspiracy, restraint of trade) and § 2 (monopoly) of the Sherman Act ( 15 U.S.C. §§ 1 and 2) by the defendants-appellees. We affirm. FACTS AND…