Legal Opinion

Lerman v. ITB Management Corp.

District Court, D. Massachusetts

Decided January 5, 1973No. Civ. A. No. 72-1363-TPublishedCited by 13 opinions

1Opinion of the Court

OPINION

TAURO, District Judge.

Plaintiff, a shareholder in Investment Trust of Boston (the Fund) brings this action derivatively on behalf of the Fund alleging violations of the Investment Company Act of 1940, the Investment Advisors Act of 1940, the Securities Act of 1933 and the Securities Act of 1934.

Although the complaint’s allegations are set forth with something less than full clarity, it is now apparent, after lengthy oral argument, that the essence of Plaintiff’s grievance is a so-called management externalization plan initiated by the trustees in September, 1968.

Defendants are…

2Cases cited19 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Hawes v. OaklandSupreme Court of the United States · 1882
  4. Pioche Mines Consolidated, Inc., Ely Valley Mines, Inc., and John Janney v. Helen Dolman, John Janney v. Helen DolmanCourt of Appeals for the Ninth Circuit · 1964
  5. Cathedral Estates, Inc. v. The Taft Realty CorporationCourt of Appeals for the Second Circuit · 1955

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3Cited by13 opinions

  1. Schaick v. Church of Scientology of California, Inc.District Court, D. Massachusetts · 1982
  2. Zola v. GordonDistrict Court, S.D. New York · 1988
  3. Anita B. Brody v. Chemical Bank, and Pennsylvania CompanyCourt of Appeals for the Second Circuit · 1975
  4. Bruns v. LedbetterDistrict Court, S.D. California · 1984
  5. Kaufman v. MagidDistrict Court, D. Massachusetts · 1982

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

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