Legal Opinion

Marsh v. Rosenbloom

Court of Appeals for the Second Circuit

Decided August 28, 2007No. Docket 05-0514-cv (Lead), 05-0702-cv (XAP), 05-0706-cv (XAP), 05-0708-cv (XAP)PublishedCited by 63 opinions

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

The State of New York appeals from orders of the United States District Court for the Western District of New York (Elf-vin, J., District Judge) dismissing its claims against shareholder-distributees of Panex Industries, Inc., a dissolved Delaware corporation. The State asserted these claims several years after Panex had been dissolved, outside the corporate windup period established by Delaware General Corporation Law § 278 and before obtaining a judgment against Panex as required by Delaware General Corporation Law § 825(b), but the State argues that its claims…

2Cases cited43 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  3. English v. General Electric Co.Supreme Court of the United States · 1990
  4. Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
  5. Boyle v. United Technologies Corp.Supreme Court of the United States · 1988

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3Cited by63 opinions

  1. Mary Jo C. v. New York State and Local Retirement System et ano.Court of Appeals for the Second Circuit · 2013
  2. In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability LitigationCourt of Appeals for the Second Circuit · 2013
  3. Niagara Mohawk Power Corp. v. Chevron U.S.A., Inc.Court of Appeals for the Second Circuit · 2010
  4. Rweyemamu v. CoteCourt of Appeals for the Second Circuit · 2008
  5. Asarco LLC v. GoodwinCourt of Appeals for the Second Circuit · 2014

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