Silling v. Erwin
District Court, S.D. West Virginia
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
Pending is the Motion of Defendants One Morris, Incorporated, Frank T. Litton, Jr., and Forrest Morris for Summary Judgment. The Plaintiffs Second Amended Complaint contains five counts. These Defendants have moved for summary judgment with respect to Count IV of the Second Amended Complaint which alleges unlawful suppression of dividends.
The Defendants assert: 1) as a matter of law, the directors and officers of One Morris, Inc. have not suppressed dividends to shareholders unlawfully; 2) until his death in June 1993, Cyrus E. Silling, Sr., the…
2Cases cited20 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Harnett v. BillmanCourt of Appeals for the Fourth Circuit · 1986
- Masinter v. Webco Co.West Virginia Supreme Court · 1980
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3Cited by8 opinions
- Wenzel v. MathiesCourt of Appeals of Minnesota · 1996
- Housman v. AlbrightAppellate Court of Illinois · 2006
- Official Unsecured Creditors' Committee of Hearthside Baking Co. v. Cohen (In Re Hearthside Baking Co.)United States Bankruptcy Court, N.D. Illinois · 2009
- Silling v. ErwinDistrict Court, S.D. West Virginia · 1995
- Milstead v. BradshawNorfolk County Circuit Court · 1997
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