Legal Opinion
Wells v. Penney Co.
Court of Appeals for the Ninth Circuit
Decided November 20, 1957No. 15125PublishedCited by 2 opinions
1Opinion of the Court
LINDBERG, District Judge.
Appellants1 2brought this action against appellees attacking the J. C. Penney Company Profit-Sharing Retirement Plan (for Management Staff), hereinafter referred to as “Plan” on the ground that such Plan so far as it pertains to the awarding of capital stock of the J. C. Penney Company, hereinafter referred to as “Penney”, is illegal and void and of no effect since it is, in effect a wagering contract, lottery or tontine contract prohibited by the constitution, statutes, laws and public policy of the state of New York. Jurisdiction is based upon diversity of…
2Cases cited33 opinions
- People v. . GillsonNew York Court of Appeals · 1888
- Federal Communications Commission v. American Broadcasting Co.Supreme Court of the United States · 1954
- Uhlman v. . New York Life Ins. Co.New York Court of Appeals · 1888
- People v. HinesNew York Court of Appeals · 1940
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
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3Cited by2 opinions
- United States v. AngeloCourt of Appeals for the Third Circuit · 1946
- Wells v. Penney CompanyCourt of Appeals for the Ninth Circuit · 1957