Legal Opinion

Rea Express, Inc., Cross-Appellee v. Interway Corporation and Integrated Container Service, Inc., Cross-Appellant

Court of Appeals for the Second Circuit

Decided July 12, 1976No. 1140, 1249, Dockets 76-7099, 76-7100PublishedCited by 31 opinions

1Opinion of the Court

VAN GRAAFEILAND, Circuit Judge:

The principal question in this case is whether the holder of preferred stock with an option to convert it into common stock, to be registered with the SEC at the request of the convertor, must tender his stock for conversion before he can demand registration of the common stock to be received in exchange. Under the facts of this case, we hold that he need not and reverse the contrary holding of the District Court.

On November 1, 1968, appellant, REA Express, Inc. (REA), sold 51% of the stock of a wholly owned subsidiary, Realeo, to Integrated Container Service,…

2Cases cited2 opinions

  1. Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
  2. Neal-Cooper Grain Co. v. Texas Gulf Sulphur Co.Court of Appeals for the Seventh Circuit · 1974

3Cited by31 opinions

  1. Arnold B. ELKIND, Plaintiff-Appellee-Cross-Appellant, v. LIGGETT & MYERS, INC., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1980
  2. United California Bank v. Prudential Insurance Co. of AmericaCourt of Appeals of Arizona · 1983
  3. In Re Warner Communications Securities LitigationDistrict Court, S.D. New York · 1985
  4. Marksman Partners, L.P. v. Chantal Pharmaceutical Corp.District Court, C.D. California · 1996
  5. Dennis Vanhaaren v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the First Circuit · 1993

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