Legal Opinion
Gannett Co., Inc. v. E. Charles Larry, Trustee in Bankruptcy of Berwin Paper Manufacturing Corp.
Court of Appeals for the Second Circuit
Decided March 31, 1955No. 209, Docket 23368PublishedCited by 12 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. In the light of Comstock v. Group of Institutional Investors, etc., 335 U.S. 211, 229, 68 S.Ct. 1454, 92 L.Ed. 1911, we think the strict rule of In re V. Loewer’s Gambrinus Brewery Co., 2 Cir., 167 F.2d 318, cannot stand. 1
2. Judge Burke, however, rested his decision on the alternative ground that Gannett Co., Inc. — controlling the Ber-win Paper Manufacturing Company— had pursued solely its own interests in its management of Berwin. The Referee, who heard and saw Williams while he testified, made no finding in that respect. Judge Burke did not see and hear Williams;…
2Cases cited8 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Taylor v. Standard Gas & Electric Co.Supreme Court of the United States · 1939
- United States v. Reading Co.Supreme Court of the United States · 1920
- Comstock v. Group of Institutional InvestorsSupreme Court of the United States · 1948
- Weisser v. Mursam Shoe CorporationCourt of Appeals for the Second Circuit · 1942
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
- Texas Extrusion Corp. v. Palmer, Palmer & Coffee (In Re Texas Extrusion Corp.)District Court, N.D. Texas · 1986
- Frasher v. RobinsonCourt of Appeals for the Ninth Circuit · 1972
- In Re Calpa Products CompanyDistrict Court, E.D. Pennsylvania · 1965
- International Telephone and Telegraph Corporation v. Frank P. Holton, Jr., Trustee in Bankruptcy of Thomasville Furniture Corporation, BankruptCourt of Appeals for the Fourth Circuit · 1957
7 more not listed; retrieve them via the Exa API.