Legal Opinion

Howard v. Shay

Court of Appeals for the Ninth Circuit

Decided November 22, 1996No. 93-56605PublishedCited by 98 opinions

1Opinion of the Court

Opinion by Judge FARRIS; Dissent by Judge O’SCANNLAIN.

FARRIS, Circuit Judge:

INTRODUCTION

The plaintiffs are participants in an Employee Stock Ownership Plan that was created for the benefit of the employees of Pacific Architects and Engineers, Inc., a California corporation. In 1974, the ESOP purchased approximately 40% of Pacific’s stock irom Edward Shay for $4,269,162, or $10.67 per share. Shay was the president and chairman of Pacific, he was one of the ESOP’s fiduciaries, and, prior to the sale, he owned 100% of Pacific’s stock, In 1988, Shay’s co-fiduciaries, Richard Smith and Martin…

2Cases cited9 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Charles W. Leigh and Ervin F. Dusek, Etc., and George Johnson, Intervening v. Clyde William EngleCourt of Appeals for the Seventh Circuit · 1984
  3. Donovan v. CunninghamCourt of Appeals for the Fifth Circuit · 1983
  4. Martin v. FeilenCourt of Appeals for the Eighth Circuit · 1992
  5. Donovan v. BierwirthCourt of Appeals for the Second Circuit · 1982

4 more not listed; retrieve them via the Exa API.

3Cited by98 opinions

  1. Braden v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 2009
  2. Johnson v. CouturierCourt of Appeals for the Ninth Circuit · 2009
  3. Chao v. Hall Holding Company, Inc.Court of Appeals for the Sixth Circuit · 2002
  4. John Doe v. University of Southern IndianaCourt of Appeals for the Seventh Circuit · 2022
  5. DiFelice v. U.S. Airways, Inc.Court of Appeals for the Fourth Circuit · 2007

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