Penn-Texas Corporation, and Ernest Stroheim v. Robert H. Morse, Henry L. Gartman, Intervening-Plaintiff-Appellant v. Robert H. Morse

FINNEGAN, Circuit Judge.

thirteen days of trial plaintiffs and intervenors failed in establishing any right to equitable relief and the trial judge, correctly, we think, allowed a motion under Rule 41(b) Federal Rules of Civil Procedure, 28 U.S.C.A., dismissing the complaint on the merits for want of equity. That final decree (entered February 29,1956), and some of its derivative aspects, is now before us on plaintiffs’ appeal and that of the intervenor, Gartman. 1

Claiming to be common stockholders of the defendant Fairbanks, Morse & Co., an Illinois corporation, plaintiffs Penn-Texas…