Legal Opinion
Rath v. Rath Packing Company
Supreme Court of Iowa
Decided July 29, 1965No. 51868PublishedCited by 41 opinions
1Opinion of the CourtGarfield, C. J.
— The question presented is whether an Towa corporation may carry out an agreement with another corporation, designated “Plan and Agreement of Reorganization”, which amounts to a merger in fact of the two without approval of holders of two thirds of its outstanding shares, as provided by section 496A.70, Code, 1962, and its articles of incorporation. The question is one of first impression in Iowa. We must disagree with the trial court’s holding this may be done.
Plaintiffs, minority shareholders of Rath, brought this action in equity to enjoin carrying out the agreement on the ground, so far…
2Cases cited37 opinions
- D. Ginsberg & Sons, Inc. v. PopkinSupreme Court of the United States · 1932
- Dickinson v. PorterSupreme Court of Iowa · 1948
- Helvering v. Metropolitan Edison Co.Supreme Court of the United States · 1939
- Farris v. Glen Alden Corp.Supreme Court of Pennsylvania · 1958
- Orzeck v. EnglehartSupreme Court of Delaware · 1963
32 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Turner v. Bituminous Casualty Co.Michigan Supreme Court · 1976
- City of Natchez, Miss. v. SullivanMississippi Supreme Court · 1992
- Golden v. Oahe Enterprises, Inc.South Dakota Supreme Court · 1976
- Kruck v. NeedlesSupreme Court of Iowa · 1966
- State v. CharlsonSupreme Court of Iowa · 1967
36 more not listed; retrieve them via the Exa API.