Legal Opinion
Kroese v. General Steel Castings Corporation
Court of Appeals for the Third Circuit
Decided January 31, 1950No. 10029_1PublishedCited by 62 opinions
1Opinion of the Court
GOODRICH, Circuit Judge.
Are a majority of a corporation’s board of directors indispensable parties to an action by a shareholder to compel the declaration of dividends? That is the question before us in this case. The district judge, on motion, dismissed the complaint; he thought the directors were indispensable parties and that the court was powerless to grant relief in their absence. D.C.E.D.Pa.1949, 9 F.R.D. 273. .
There has been no trial of facts; not even an answer by the defendants. All we have is the plaintiff’s complaint, plus a motion to dismiss. On this state of the record we must…
2Cases cited25 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Keenan v. EshlemanSupreme Court of Delaware · 1938
- Bailey v. JacobsSupreme Court of Pennsylvania · 1936
- Schuckman v. RubensteinCourt of Appeals for the Sixth Circuit · 1947
- Matthews v. Headley Chocolate Co.Court of Appeals of Maryland · 1917
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3Cited by62 opinions
- Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
- David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.Court of Appeals for the Fifth Circuit · 1982
- Vanity Fair Mills, Inc. v. The T. Eaton Co. Limited and John David EatonCourt of Appeals for the Second Circuit · 1956
- Lee C. Ritchie v. Ann Caldwell Rupe, as Trustee for the Dallas Gordon Rupe, III 1995 Family TrustTexas Supreme Court · 2014
- In Re Caesars Palace Securities LitigationDistrict Court, S.D. New York · 1973
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