Legal Opinion

Smith v. Gordon

District Court, E.D. Virginia

Decided September 1, 1987No. Civ. A. 87-0371-RPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SPENCER, District Judge.

Plaintiff is a shareholder of defendant Tootsie Roll Industries, Inc. (“Tootsie Roll”). The other defendants are members of Tootsie Roll’s Board of Directors (“the Board”). Plaintiff, by Verified Complaint, brings this shareholder derivative action in response to the defendants’ plan to introduce a “Class B” category of stock. The matter is currently before the Court on defendants’ motion to dismiss for plaintiff’s failure to make a demand on the Board. For reasons stated below, the motion will be denied.

I

The Board approved an amendment to Tootsie…

2Cases cited15 opinions

  1. In Re U.S. Truck Company, Inc., a Michigan Corporation, Debtor. Teamsters National Freight Industry Negotiating Committee v. U.S. Truck Company, Inc.Court of Appeals for the Sixth Circuit · 1986
  2. Lewis v. CurtisCourt of Appeals for the Third Circuit · 1982
  3. In Re Kauffman Mutual Fund Actions. Joseph B. KauffmanCourt of Appeals for the First Circuit · 1973
  4. H. M. Greenspun v. Del E. Webb Corporation, Etc.Court of Appeals for the Ninth Circuit · 1980
  5. Lewis v. GravesCourt of Appeals for the Second Circuit · 1983

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3Cited by3 opinions

  1. Jordon v. Bowman Apple Products Co., Inc.District Court, W.D. Virginia · 1990
  2. Levant v. WhitleyDistrict of Columbia Court of Appeals · 2000
  3. Saunders v. HankersonDistrict Court, District of Columbia · 2004

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