Legal Opinion

Maldonado v. Flynn

District Court, S.D. New York

Decided March 16, 1978No. 77 Civil 3180PublishedCited by 15 opinions

1Opinion of the Court

OPINION

EDWARD WEINFELD, District Judge.

This is a derivative action on behalf of Zapata Corporation (“Zapata” or the “Corporation”) for alleged violations of various provisions of the Securities Exchange Act of 1934 1 (the “Exchange Act”) and of the common law. Jurisdiction is asserted under the Exchange Act, 2 diversity of citizenship 3 and the principle of pendent jurisdiction. The defendants are the Corporation’s directors from approximately 1970 to the present; Zapata is named as a defendant for whose benefit the action is brought.

The case is now before the Court on cross-motions by the…

2Cases cited41 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  3. Cort v. AshSupreme Court of the United States · 1975
  4. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  5. Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970

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3Cited by15 opinions

  1. Fed. Sec. L. Rep. P 99,484 John F. Maher v. Zapata Corporation v. William Maldonado, Objector-AppellantCourt of Appeals for the Fifth Circuit · 1983
  2. Maldonado v. FlynnCourt of Chancery of Delaware · 1980
  3. Maldonado v. FlynnCourt of Appeals for the Second Circuit · 1979
  4. Maldonado v. FlynnDistrict Court, S.D. New York · 1980
  5. Klamberg v. RothDistrict Court, S.D. New York · 1979

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