Legal Opinion
Gartenberg v. Merrill Lynch Asset Management, Inc.
Court of Appeals for the Second Circuit
Decided December 3, 1982No. Nos. 11, 14, Dockets 82-7142, 82-7074PublishedCited by 39 opinions
1Opinion of the Court
MANSFIELD, Circuit Judge:
Irving L. Gartenberg and Simone C. Andre, two shareholders of the Merrill Lynch Ready Assets Trust, a money market fund (the “Fund”), appeal from a judgment of the Southern District of New York, Milton Pollack, Judge, entered after a non-jury trial, dismissing their consolidated derivative actions against the Fund and its affiliates, Merrill Lynch Asset Management, Inc., the adviser and manager of the Fund (the “Manager”) and Merrill Lynch, Pierce, Fenner & Smith, Inc. (the “Broker”). The plaintiffs claimed violations of § 36(b) of the Investment Company Act of 1940,…
2Cases cited5 opinions
- Burks v. LaskerSupreme Court of the United States · 1979
- Fogel v. ChestnuttCourt of Appeals for the Second Circuit · 1981
- In Re Irving L. GARTENBERG, PetitionerCourt of Appeals for the Second Circuit · 1980
- Gartenberg v. Merrill Lynch Asset Management, Inc.District Court, S.D. New York · 1981
- Fed. Sec. L. Rep. P 98,845 Martin Fox v. Reich & Tang, Inc. And Daily Income Fund, Inc.Court of Appeals for the Second Circuit · 1982
3Cited by39 opinions
- Jones v. Harris Associates L. P.Supreme Court of the United States · 2010
- American Society of Composers, Authors and Publishers v. Showtime/the Movie Channel, Inc., Applicant-AppelleeCourt of Appeals for the Second Circuit · 1990
- Meyer v. Oppenheimer Management Corp.Court of Appeals for the Second Circuit · 1985
- Krinsk v. Fund Asset Management, Inc.Court of Appeals for the Second Circuit · 1989
- In Re Eaton Vance Mutual Funds Fee LitigationDistrict Court, S.D. New York · 2005
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