Legal Opinion

Frank E. Cupo v. Community National Bank & Trust Company of New York

Court of Appeals for the Second Circuit

Decided February 5, 1971No. 344, Docket 35112PublishedCited by 29 opinions

1Opinion of the Court

J. JOSEPH SMITH, Circuit Judge:

Plaintiff, who with his wife as joint tenant owns stock having a value of over $20,000 of defendant Community National Bank and Trust Company, appeals from an order of the United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, dismissing his complaint. The complaint alleged that plaintiff was wrongfully denied election to a one-year term as director of defendant bank, in violation of 12 U.S.C. § 61, National Banking Act, which guarantees the right of cumulative voting by shareholders of national banks.

Plaintiff alleges that…

2Cases cited3 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. William Sustin v. Irving B. AltmanCourt of Appeals for the Second Circuit · 1964
  3. Murphy v. Colonial Federal Savings And Loan AssociationCourt of Appeals for the Second Circuit · 1967

3Cited by29 opinions

  1. Jamie Viqueira v. First BankCourt of Appeals for the First Circuit · 1998
  2. The Network Project v. Corporation for Public Broadcasting, a CorporationCourt of Appeals for the D.C. Circuit · 1977
  3. James W. Partain v. The First National Bank of MontgomeryCourt of Appeals for the First Circuit · 1972
  4. Fred Fisher v. The First National Bank of ChicagoCourt of Appeals for the First Circuit · 1976
  5. Melvin A. Marshall v. District of Columbia Government (Three Cases)Court of Appeals for the D.C. Circuit · 1977

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