Legal Opinion
Henss v. Schneider
District Court, S.D. New York
Decided May 12, 1955PublishedCited by 14 opinions
1Opinion of the Court
WEINFELD, District Judge.
This is a motion by the corporate defendant, Fruehauf Trailer Company, to dismiss the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for failure to state a claim upon which relief can be granted. 1
The action is brought by the plaintiffs as stockholders of the Fruehauf Trailer Company under § 16(b) of the Securities Exchange Act, 2 to recover short swing profits realized by the individual defendant, one of its vice-presidents. Section 16(b) of the Act, which created a right in the corporation to recover such profits was intended…
2Cases cited12 opinions
- Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
- Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
- Venner v. Great Northern Railway Co.Supreme Court of the United States · 1908
- Park & Tilford, Inc. v. SchulteCourt of Appeals for the Second Circuit · 1947
- Doctor v. HarringtonSupreme Court of the United States · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Isadore Blau and Morris J. Levy v. Rayette-Faberge, Inc.Court of Appeals for the Second Circuit · 1968
- Jerome L. Gilson and Morris J. Levy v. Chock Full O'Nuts CorporationCourt of Appeals for the Second Circuit · 1964
- Blau v. OppenheimDistrict Court, S.D. New York · 1966
- Schur v. SalzmanDistrict Court, S.D. New York · 1973
- Treves v. Servel, Inc.District Court, S.D. New York · 1965
9 more not listed; retrieve them via the Exa API.