Marks v. Autocar Co.

KIRKPATRICK, Chief Judge.

It seems to me that the rationale of the decision of the Court of Appeals for the Third Circuit in Central-Penn National Bank of Philadelphia v. Portner, 201 F.2d 607, as appearing in the opinion of -Chief Judge Biggs, requires the plaintiff’s motion for summary judgment to be denied. Under the Portner case, the genuineness of her, or her agent’s, motive in abstaining from voting and in her subsequent dissent is a material issue in this case which cannot be disposed of on this motion. True, in the present case the plaintiff has owned some of her stock for several…