Legal Opinion
Miriam J. Wolf v. Curtis Barkes
Court of Appeals for the Second Circuit
Decided June 21, 1965No. 434, Docket 29488PublishedCited by 23 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge:
Appellant’s contention is that the pend-ency in a federal court of a stockholder’s derivative action challenging arrangements between a corporation and its officers deprives the corporation and officers of power to make any out-of-court settlement — that is, one not requiring action by the court in the derivative suit — and that once the suit has been brought, there must be notice to stockholders and court approval as provided in F.R.Civ.P. 23(c), even though the settlement itself calls for no judicial action. Although the contention is interesting and by no means…
2Cases cited8 opinions
- Alleghany Corporation v. Allan P. Kirby, Charles T. Ireland, Jr., and Fred M. Kirby, Randolph PhillipsCourt of Appeals for the Second Circuit · 1964
- Webster Eisenlohr, Inc. v. KalodnerCourt of Appeals for the Third Circuit · 1944
- Craftsman Finance & Mortgage Co. v. BrownDistrict Court, S.D. New York · 1945
- Jerome L. Gilson and Morris J. Levy v. Chock Full O'Nuts CorporationCourt of Appeals for the Second Circuit · 1964
- Certain-Teed Products Corporation v. ToppingCourt of Appeals for the Second Circuit · 1948
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Burks v. LaskerSupreme Court of the United States · 1979
- Weight Watchers of Philadelphia, Inc. v. Weight Watchers International, Inc.Court of Appeals for the Second Circuit · 1972
- Mikael Salovaara v. Jackson National Life Insurance CompanyCourt of Appeals for the Third Circuit · 2001
- Fed. Sec. L. Rep. P 93,592 Paulette Papilsky v. Alvin H. Berndt, and Carl W. KnoblochCourt of Appeals for the Second Circuit · 1972
- International Railways of Central America v. United Fruit CompanyCourt of Appeals for the Second Circuit · 1967
18 more not listed; retrieve them via the Exa API.