Callman Gottesman, Maria Mattiello and Paul J. Peyser v. General Motors Corporation and E. I. Du Pont De Nemours & Company

MARIS, Circuit Judge:

This is a derivative action brought under section 4 of the Clayton Act 1 by the plaintiffs as stockholders of General Motors Corporation against E. I. du Pont de Nemours and Company for treble the damages sustained by General Motors by reason of du Pont’s violation of section 7 of the Clayton Act and sections 1 and 2 of the Sherman Act and the breach of its common law fiduciary duty. The action was commenced shortly after the decision of the Supreme Court in the suit of the United States v. E. I. du Pont de Nemours and Company was handed down in 1957 holding that du…