Legal Opinion
Wabash Ry. Co. v. American Refrigerator Transit Co.
Court of Appeals for the Eighth Circuit
Decided July 22, 1925No. 6220PublishedCited by 40 opinions
1Opinion of the CourtKenyon, Circuit Judge
(after stating the facts as above).
Wide divergence exists in the theories of the respective parties.
Appellees contend the suit is an attempt of a minority stockholder to recover against the corporation a definite portion of the corporate assets, on tho theory that such assets represent deferred dividends which the board of directors should have declared hut did not.
Appellant’s theory is that the suit is not one to review corporate acts, or to bring about a dissolution of tbe refrigerator company, or to secure control of said corporation; that tbe question of discretionary power in tbe board…
2Cases cited41 opinions
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- Scovill v. ThayerSupreme Court of the United States · 1882
- Chicago, Milwaukee & St. Paul Railway Co. v. Minneapolis Civic & Commerce Ass'nSupreme Court of the United States · 1918
- Burchell v. MarshSupreme Court of the United States · 1855
- Walker v. BrownSupreme Court of the United States · 1897
36 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Colonial Refrigerated Transportation, Inc. v. George P. Mitchell, George P. Mitchell v. Colonial Refrigerated Transportation, Inc.Court of Appeals for the Fifth Circuit · 1968
- Boatright v. Steinite Radio Corp.Court of Appeals for the Tenth Circuit · 1931
- Bishop v. United StatesCourt of Appeals for the Eighth Circuit · 1926
- Eastmount Construction Company and American Surety Company v. Transport Manufacturing & Equipment CompanyCourt of Appeals for the Eighth Circuit · 1962
35 more not listed; retrieve them via the Exa API.