Legal Opinion
Philipbar v. Derby
Court of Appeals for the Second Circuit
Decided July 13, 1936No. 431PublishedCited by 19 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
This is an appeal from a decree dismissing a shareholders’ bill in equity against the Derby Oil & Refining Corporation and six of its nine directors, for lack of jurisdiction over the corporation, an indispensable party; the plaintiffs also assign as error the denial of a motion to remand the suit to the state court. The suit was begun by -the service of a summons upon the defendant Derby while he was temporarily within the state on April 23, 1935; no other defendant has ever been served. Before bill filed, Derby petitioned the state court to remove the cause, alleging…
2Cases cited13 opinions
- Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Joseph B. KAUFFMAN Et Al. v. the DREYFUS FUND, INC., Et Al., Investors Diversified Services, Inc., Et Al., AppellantsCourt of Appeals for the Third Circuit · 1970
- Greenberg v. GIANNINICourt of Appeals for the Second Circuit · 1944
- King v. Wall & Beaver Street CorporationCourt of Appeals for the D.C. Circuit · 1944
- Smith v. MurchisonDistrict Court, S.D. New York · 1970
- Overfield v. Pennroad CorporationCourt of Appeals for the Third Circuit · 1940
14 more not listed; retrieve them via the Exa API.