Oscar L. Altman v. Central of Georgia Railway Company

MacKINNON, Circuit Judge:

Plaintiff stockholders sued to compel payment of dividends. During the litigation Central merged with another railroad. The suit was finally terminated by this Court under the doctrine of Schwabacher v. United States, 334 U.S. 182, 68 S.Ct. 958, 92 L.Ed. 1305 (1948), that the suit did not survive the corporate merger, but in our opinion we expressly reserved the issue of whether plaintiffs are entitled to attorney’s fees for having caused a payment of dividends made on 1968 income. Altman v. Central of Georgia Ry. Co., 159 U.S.App. D.C. 402, 407 n. 8, 488 F.2d 1302,…