Legal Opinion

Fox v. Reich & Tang, Inc.

District Court, S.D. New York

Decided March 29, 1982No. 81 Civ. 2602 (KTD)PublishedCited by 3 opinions

1Opinion of the Court

*95OPINION & ORDER

KEVIN THOMAS DUFFY, District Judge:

Martin Fox, a shareholder of Daily Income Fund, Inc. (“Fund”), sued the Fund, a money market investment company, and Reich & Tang, Inc. (“R&T”), the investment adviser to the Fund, to recover allegedly excessive advisory fees paid by the Fund to R&T. Plaintiff’s derivative suit is premised on Section 36(b) of the Investment Company Act of 1940, 15 U.S.C. § 80a-35(b), which places a fiduciary duty on an investment adviser with respect to compensation for services.1 R&T is alleged to have breached that duty.

Defendants move to dismiss plaintiff’s…

2Cases cited12 opinions

  1. Fed. Sec. L. Rep. P 98,005 State Teachers Retirement Board v. Fluor Corporation and Manufacturers Hanover Trust Company, DefendantsCourt of Appeals for the Second Circuit · 1981
  2. Burks v. LaskerSupreme Court of the United States · 1979
  3. Blau v. Mission Corp.Court of Appeals for the Second Circuit · 1954
  4. Fogel v. ChestnuttCourt of Appeals for the Second Circuit · 1981
  5. Rose Moses v. C. Rodgers BurginCourt of Appeals for the First Circuit · 1971

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. 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
  2. Weiss v. Temporary Investment Fund, Inc.Court of Appeals for the Third Circuit · 1982
  3. Weiss v. Temporary Investment Fund, Inc.Court of Appeals for the Third Circuit · 1982

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