Legal Opinion

NUI CORP. v. Kimmelman

District Court, D. New Jersey

Decided September 10, 1984No. Civ. 84-0411 SPublishedCited by 5 opinions

1Opinion of the Court

OPINION

STERN, District Judge.

An expensive and bitter proxy contest for control of New Jersey Resources Corporation is the backdrop for the renewed warring in this Court. Faced today with a number of motions from all parties, we hold that plaintiff, whose slate of nominees was defeated in the election following the proxy battle, is entitled to a new election. We base our decision on our finding that a recently enacted state statute affecting proxy solicitation, lobbied for and promoted by New Jersey Resources Corporation, is unconstitutional.

I.. 1. Introduction

NUI Corporation (“NUI”) and New…

2Cases cited23 opinions

  1. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  2. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  3. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  4. Hines v. DavidowitzSupreme Court of the United States · 1941
  5. TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976

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3Cited by5 opinions

  1. In Re Midlantic Corp. Shareholder LitigationDistrict Court, D. New Jersey · 1990
  2. Baltimore Gas & Electric Co. v. HeintzCourt of Appeals for the Fourth Circuit · 1985
  3. Nui Corp. v. KimmelmanCourt of Appeals for the Third Circuit · 1985
  4. Baltimore Gas and Electric Company and Bge Corp. v. Frank O. Heintz William A. Badger Lilo K. Schifter Wayne B. Hamilton and Haskell N. Arnold Constituting the Public Service Commission of Maryland, and Maryland Office of People's Counsel, Baltimore Gas and Electric Company and Bge Corp. v. Frank O. Heintz William A. Badger Lilo K. Schifter Wayne B. Hamilton and Haskell N. Arnold Constituting the Public Service Commission of Maryland, and Maryland Office of People's CounselCourt of Appeals for the Fourth Circuit · 1985
  5. Nui Corporation v. KimmelmanCourt of Appeals for the Third Circuit · 1985

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