Legal Opinion · Concurring in part, dissenting in part

Mendell v. Greenberg

Court of Appeals for the Second Circuit

Decided November 1, 1990No. Nos. 532, 725, Dockets 89-7718, 89-7760Published

1Concurring in part, dissenting in partVan Graafeiland, Circuit Judge

Because the latest changes in the majority opinion were made after the majority and dissenting slip opinions were circulated, the changes readily are discernible to those who received the original slips. Accordingly, rather than address the majority’s alterations in piecemeal fashion, I have eliminated the first paragraphs of my already-filed dissent and substitute therefor the following few paragraphs as a preamble to this refiled dissent.

To set the stage for this preamble, I would remind the reader that the proxy statement at issue herein disclosed to all shareholders that “[pjrior to her…

2Cases cited43 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  5. Basic Inc. v. LevinsonSupreme Court of the United States · 1988

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