Higgins v. Shenango Pottery Co.

McLAUGHLIN, Circuit Judge.

The plaintiff and intervenor in this stockholders’ derivative suit appeal from the district court dismissal of three defendants at the close of the plaintiff’s evidence.

The basis of the action is the alleged diversion from the Shenango Pottery Company by Smith, Jr., its president, *506Zahniser, vice president in charge of manufacturing, and Read, another vice president1 (all three also being directors) of a government business opportunity, the making of non-metallic land mines, to the defendant partnership, Castle Engineering Company, formed for the purpose of obtaining…