Legal Opinion

Levitt v. Johnson

District Court, D. Massachusetts

Decided October 21, 1963No. Civ. A. 63-689PublishedCited by 3 opinions

1Opinion of the Court

WYZANSKI, District Judge.

This is a stockholder’s derivative action seeking to prosecute on behalf of a Massachusetts corporation, Fidelity Capital Fund, Inc. (hereinafter called “Fund”) a claim that its directors and others injured the corporation by violations of the federal Investment Company Act of 1940, 15 U.S.C. § 80a-l et seq., (hereinafter called the Act), and by waste of corporate assets in violation of the law of the Commonwealth of Massachusetts. Most of the claimed violations and waste are related to the allegedly excessive advisory fees which Fund paid to Fidelity Management &…

2Cases cited23 opinions

  1. United Copper Securities Co. v. Amalgamated Copper Co.Supreme Court of the United States · 1917
  2. Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
  3. Price v. GurneySupreme Court of the United States · 1945
  4. Vaughan v. NorthupSupreme Court of the United States · 1841
  5. Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912

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3Cited by3 opinions

  1. Krome v. Merrill Lynch & Co., Inc.District Court, S.D. New York · 1986
  2. Kessler v. SinclairMassachusetts Appeals Court · 1994
  3. Norte & Co. v. KrockDistrict Court, D. Massachusetts · 1965

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