Harry Lewis v. Earle A. Chiles, Howard Burnett, Virgil Campbell, Earl M. Chiles, Cyril K. Green
Court of Appeals for the Ninth Circuit
1Opinion of the Court
*1046FARRIS, Circuit Judge:
Harry Lewis, a citizen of New York and a stockholder in Fred Meyer, Inc., an Oregon corporation, filed this shareholder derivative action on June 18,1980. Federal jurisdiction was based on diversity of citizenship. 28 U.S.C. § 1332. During the pend-ency of the action the shareholders of Fred Meyer, Inc., approved the sale of the corporation’s assets to two companies for a price of fifty-five dollars per share. The business was sold as a going concern, and the derivative claim was specifically included in the assets sold. The defendants moved for summary judgment on the…
2Cases cited31 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Hanna v. PlumerSupreme Court of the United States · 1965
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Alexander Kahan, on Behalf of Himself and All Others Similarly Situated v. Lewis RosenstielCourt of Appeals for the Third Circuit · 1970
- Bangor Punta Operations, Inc. v. Bangor & Aroostook RailroadSupreme Court of the United States · 1974
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- Quinn v. Anvil Corp.Court of Appeals for the Ninth Circuit · 2010
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