Legal Opinion
Fed. Sec. L. Rep. P 94,150 Oliver R. Grace v. Daniel K. Ludwig
Court of Appeals for the Second Circuit
Decided September 12, 1973No. 859, Docket 73-1212PublishedCited by 26 opinions
1Opinion of the Court
MULLIGAN, Circuit Judge:
The controversy before us on appeal originated when the defendant Berkshire Industries, Inc. (“Berkshire”) applied to the SEC for an exemption under Section 17 of the Investment Company Act of 1940 (the “Act”), 15 U.S.C. § 80a-17, 1 which would permit it to absorb its 91% owned subsidiary the defendant American-Hawaiian Steamship Company (“American”) by a short form merger. American is a registered closed-end investment company and the Act prohibits such merger unless the SEC finds that the transaction is reasonable, fair, free of overreaching and consistent with the…
2Cases cited25 opinions
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- J. I. Case Co. v. BorakSupreme Court of the United States · 1964
- Sprague v. Ticonic National BankSupreme Court of the United States · 1939
- Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
- Gardner v. Toilet Goods Assn., Inc.Supreme Court of the United States · 1967
20 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Silberman v. BogleCourt of Appeals for the Third Circuit · 1982
- Oppenlander v. Standard Oil Co.District Court, D. Colorado · 1974
- Stull v. BakerDistrict Court, S.D. New York · 1976
- Beecher v. AbleDistrict Court, S.D. New York · 1977
- In The Matter Of Sapphire Steamship Lines, Inc.Court of Appeals for the Second Circuit · 1975
21 more not listed; retrieve them via the Exa API.