Legal Opinion

Harry Lewis v. Earle A. Chiles, Howard Burnett, Virgil Campbell, Earl M. Chiles, Cyril K. Green

Court of Appeals for the Ninth Circuit

Decided November 4, 1983No. 82-3486PublishedCited by 62 opinions

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

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Hanna v. PlumerSupreme Court of the United States · 1965
  3. Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
  4. Alexander Kahan, on Behalf of Himself and All Others Similarly Situated v. Lewis RosenstielCourt of Appeals for the Third Circuit · 1970
  5. Bangor Punta Operations, Inc. v. Bangor & Aroostook RailroadSupreme Court of the United States · 1974

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3Cited by62 opinions

  1. Simmons v. MillerSupreme Court of Virginia · 2001
  2. Kayes v. Pacific Lumber Co.Court of Appeals for the Ninth Circuit · 1995
  3. Daniel Cowin v. Charles S. BreslerCourt of Appeals for the D.C. Circuit · 1984
  4. In re Facebook, Inc.Court of Appeals for the Second Circuit · 2015
  5. Quinn v. Anvil Corp.Court of Appeals for the Ninth Circuit · 2010

57 more not listed; retrieve them via the Exa API.

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