Legal Opinion

Barry C. Phelps v. I. W. Burnham

Court of Appeals for the Second Circuit

Decided February 13, 1964No. 28733_1PublishedCited by 23 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge.

Our motion calendar for February 10, 1964, included a motion by appellant Phelps for a preference and for a stay pending an appeal from an order of Judge Sugarman in a stockholder’s action brought by him in the Southern District of New York. After hearing argument on the motion we suggested that the appeal itself be deemed submitted, with leave to file additional briefs on the following day. We affirm the order, with a minor modification designed to avoid prejudice to appellant from the short time we have had the appeal under advisement.

Phelps, a stockholder in…

2Cases cited4 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Fielding v. AllenCourt of Appeals for the Second Circuit · 1950
  3. Aleen Chabot v. National Securities and Research Corporation and Empire Trust Company, Seymour Schwartz v. National Securities and Research Corporation and Empire Trust CompanyCourt of Appeals for the Second Circuit · 1961
  4. Ace Grain Co. v. American Eagle Fire Ins.District Court, S.D. New York · 1951

3Cited by23 opinions

  1. Redding & Company, Inc. v. Russwine Construction CorporationCourt of Appeals for the D.C. Circuit · 1969
  2. Donlon Industries, Inc. v. Michael Forte and Gerald Ehrlich, and Tessel, Paturick & Ostrau, Inc., and Lionel WeiserCourt of Appeals for the Second Circuit · 1968
  3. Northeast Investment Co. v. Leisure Living Communities, Inc.Supreme Judicial Court of Maine · 1976
  4. Earl R. Baxter, Willeyne Baxter, Lynn O. Muse, Richard L. King and W. K. Cash v. United Forest Products Co., Inc.Court of Appeals for the Eighth Circuit · 1969
  5. Entel v. AllenDistrict Court, S.D. New York · 1967

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