Legal Opinion
Gottesman v. General Motors Corp.
District Court, S.D. New York
Decided July 7, 1961PublishedCited by 8 opinions
1Opinion of the Court
METZNER, District Judge.
The parties in their statements of issues, presented in connection with a pretrial conference in this minority stockholders’ suit, have raised the question of the applicability of Rule 23(b) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A.
The pertinent portions of this rule read as follows:
“ * * * the complaint shall be verified by oath and shall aver (1) that the plaintiff was a shareholder at the time of the transaction of which he complains * * * ”
The court is called upon to decide the apparently novel question of whether the contemporaneous-ownership…
2Cases cited12 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Venner v. Great Northern Railway Co.Supreme Court of the United States · 1908
- Delaware & Hudson Co. v. Albany & Susquehanna RailroadSupreme Court of the United States · 1909
- Goldstein v. GroesbeckCourt of Appeals for the Second Circuit · 1944
- Blau v. Mission Corp.Court of Appeals for the Second Circuit · 1954
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Surowitz v. Hilton Hotels Corp.Court of Appeals for the Seventh Circuit · 1965
- Heilbrunn v. Hanover Equities CorporationDistrict Court, S.D. New York · 1966
- SC Note Acquisitions, LLC v. Wells Fargo Bank, N.A.District Court, E.D. New York · 2013
- Gottesman v. General Motors CorporationDistrict Court, S.D. New York · 1967
- Bangor & Aroostook Railroad v. Bangor Punta Operations, Inc.District Court, D. Maine · 1972
3 more not listed; retrieve them via the Exa API.