Legal Opinion
Jerome L. Gilson and Morris J. Levy v. Chock Full O'Nuts Corporation
Court of Appeals for the Second Circuit
Decided April 24, 1964No. 90, Docket 28316PublishedCited by 32 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge.
After this appeal had been decided by the panel, 326 F.2d 246 (2d Cir. 1964), a majority of the Court voted to grant defendant’s petition that it be reheard in banc. We did this in the belief that the appeal raised the issue whether in a case where an attorney for a stockholder does nothing more than find a claim for the recovery of “short-swing” profits under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p (b), which the corporation then successfully brings at the stockholder’s request, the stockholder or the attorney has a right to be compensated by…
2Cases cited13 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Brooklyn Savings Bank v. O'NeilSupreme Court of the United States · 1945
- United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
- Board of Comm'rs of Jackson Cty. v. United StatesSupreme Court of the United States · 1939
- Royal Indemnity Co. v. United StatesSupreme Court of the United States · 1941
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Alexander Kahan, on Behalf of Himself and All Others Similarly Situated v. Lewis RosenstielCourt of Appeals for the Third Circuit · 1970
- Fed. Sec. L. Rep. P 93,949 J. William Wolf, Plaintiffs-Appellants-Cross v. Robert R. Frank, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1973
- Harold DRACHMAN and Claire Drachman, Plaintiffs-Appellants, v. Lawrence A. HARVEY Et Al., Defendants-AppelleesCourt of Appeals for the Second Circuit · 1972
- The Wilderness Society v. Rogers C. B. Morton, Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1974
- Blue Sky L. Rep. P 71,243 Samuel Kopet v. Esquire Realty CompanyCourt of Appeals for the Second Circuit · 1975
27 more not listed; retrieve them via the Exa API.