Legal Opinion
McClure v. Borne Chemical Co.
Court of Appeals for the Third Circuit
Decided July 5, 1961No. Nos. 13353, 13354PublishedCited by 46 opinions
1Opinion of the Court
BIGGS, Chief Judge.
The question presented by these appeals is whether a shareholder who brings a derivative suit to enforce a corporate cause of action arising under Section 10(b), 15 U.S.C.A. § 78j(b), as implemented by Securities and Exchange Commission Rule 10b-5, and Section 29(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78cc, may be required to post security for costs, including reasonable attorney’s fees.
The plaintiffs hold as joint tenants 100 shares1 of stock of the defendant, Borne Chemical Company, Inc., a New Jersey corporation having its principal office in New…
2Cases cited31 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Ex Parte YoungSupreme Court of the United States · 1908
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
26 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Alexander Kahan, on Behalf of Himself and All Others Similarly Situated v. Lewis RosenstielCourt of Appeals for the Third Circuit · 1970
- In Re Data Access Systems Securities Litigation. Appeal of Tolins & Lowenfels & Roger A. Tolins. Appeal of I. Kahlowsky and Co. And Peter CunicelliCourt of Appeals for the Third Circuit · 1988
- Walter J. Kohler v. Kohler Co., a Corporation, Herbert v. Kohler, Ernst & Ernst, a Partnership, and Paul F. JohnsonCourt of Appeals for the Seventh Circuit · 1963
- Fed. Sec. L. Rep. P 95,623 Eckart R. Straub v. Vaisman and Company, Inc., a New Jersey CorporationCourt of Appeals for the Third Circuit · 1976
- Ruckle v. Roto American Corp.Court of Appeals for the Second Circuit · 1964
41 more not listed; retrieve them via the Exa API.