Western Auto Supply Company and Beneficial Finance Co. v. Gamble-Skogmo, Inc.

I concur in the view of the court that plaintiffs have capacity to bring this suit. I agree with the court’s opinion to the extent that it holds plaintiffs are entitled to recover under § 16(b) for the profits realized on the 6,058 shares of Western Missouri stock acquired in March 1960 which were not turned over to the Trust Fund, and I also agree that plaintiffs are entitled to the 700 per share in dividends paid on the 6,058 shares.

I dissent from the portion of the opinion which in disagreement with the trial court determines that the 25,942 shares of stock acquired in March 1960 and…