Legal Opinion

Fed. Sec. L. Rep. P 96,409 S. & S. Realty Corp. v. Kleer-Vu Industries, Inc. And Benjamin Osher

Court of Appeals for the Second Circuit

Decided April 26, 1978No. 349, Docket 77-7342PublishedCited by 10 opinions

1Opinion of the Court

HAYS, Circuit Judge:

Appellant, S. & S. Realty Corporation, appeals from the grant of defendants’ motion for summary judgment in a derivative action brought under § 16(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78p(b) (1976). 1 The complaint sets forth the efforts that were made by the appellant, as required by § 16(b), to obtain action on the part of the defendant corporation.

Appellant is the stockholder of record of two shares of the common stock of Kleer-Vu Industries, Inc. (“Kleer-Vu”), the corporate defendant. Kleer-Vu is a publicly traded company whose securities are…

2Cases cited8 opinions

  1. Malat v. RiddellSupreme Court of the United States · 1966
  2. Robert Rosenspan v. United StatesCourt of Appeals for the Second Circuit · 1971
  3. National Labor Relations Board v. Coca-Cola Bottling Co. of Louisville, Inc.Supreme Court of the United States · 1956
  4. Edward Folker v. James W. Johnson, Individually and as a Former Collector of Internal RevenueCourt of Appeals for the Second Circuit · 1956
  5. Truncale v. BlumbergDistrict Court, S.D. New York · 1950

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3Cited by10 opinions

  1. Fed. Sec. L. Rep. P 99,083 Securities and Exchange Commission v. Flight Transportation Corporation, FTC Executive Air Charter, Inc., FTC Cayman, Ltd., and William Rubin, Greyhound Leasing & Financial Corporation, Securities and Exchange Commission v. Flight Transportation Corporation, FTC Executive Air Charter, Inc., FTC Cayman, Ltd., and William Rubin, Joyce RubinCourt of Appeals for the Eighth Circuit · 1983
  2. Tyco Laboratories, Inc. v. Cutler-Hammer, Inc.District Court, S.D. New York · 1980
  3. Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, Inc., Orange and Rockland Utilities, Inc., and Power Authority of the State of New York v. United States Environmental Protection Agency, and Hudson River Fishermen's Association, Intervenor-Respondent. Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, Inc., Orange and Rockland Utilities, Inc., and Power Authority of the State of New York v. United States Environmental Protection Agency, Douglas M. Costle, as Administrator, U. S. Environmental Protection Agency, Eckardt C. Beck, Regional Administrator, Region Ii, U. S. Environmental Protection Agency, New York State Department of Environmental Conservation, and Peter A. A. Berle, Commissioner, New York State Department of Environmental Conservation, and Hudson River Fishermen's Association, Intervenor-Defendant-AppelleeCourt of Appeals for the Second Circuit · 1978
  4. Dreiling Ex Rel. Infospace, Inc. v. JainDistrict Court, W.D. Washington · 2003
  5. Securities & Exchange Commission v. Flight Transporatation Corp.Court of Appeals for the Eighth Circuit · 1983

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