Legal Opinion

Fed. Sec. L. Rep. P 97,247 Andrew L. Smith, Individually and Derivatively on Behalf of Smith Protective Services, Inc. v. R. Jack Ayres, R. Jack Ayres

Court of Appeals for the Fifth Circuit

Decided December 21, 1992No. 91-1734PublishedCited by 27 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Andrew Smith appeals from the district court’s dismissal of his securities fraud claim and his stockholder derivative action. We affirm the trial court’s decision in all respects.

BACKGROUND

The instant appeal is but another chapter in a protracted internecine feud among Co-ralie Smith (mother of Andrew, Clayton, and Mark), Andrew Smith, Clayton Smith, and Mark Smith, principals or former principals of Smith Protective Services (SPS). At this point, Andrew is pursuing Jack Ayres, General Counsel of SPS, in a derivative suit and as assignee of the company’s Rule…

2Cases cited18 opinions

  1. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  2. Virginia Bankshares, Inc. v. SandbergSupreme Court of the United States · 1991
  3. Birnbaum v. Newport Steel Corp.Court of Appeals for the Second Circuit · 1952
  4. Fed. Sec. L. Rep. P 98,265 Fred Zeidman and Steven Youngelson v. J. Ray McDermott & Co., Inc.Court of Appeals for the Fifth Circuit · 1981
  5. In the Matter of Pat S. Holloway, Debtor. Browning Interests v. Linda W. AllisonCourt of Appeals for the Fifth Circuit · 1992

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3Cited by27 opinions

  1. Smith v. SmithDistrict Court, N.D. Texas · 1994
  2. Read v. ReadCourt of Appeals of Wisconsin · 1996
  3. DeBord v. Circle Y of Yoakum, Inc., Texas Court of Appeals, 13th District1997
  4. Ferer v. Erickson & Sederstrom, PCNebraska Supreme Court · 2006
  5. Efron v. Embassy Suites (Puerto Rico), Inc.District Court, D. Puerto Rico · 1999

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

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