Legal Opinion
Otis & Co. v. Pennsylvania R. Co.
District Court, E.D. Pennsylvania
Decided November 1, 1944No. 3618PublishedCited by 30 opinions
1Opinion of the Court
KALODNER, District Judge.
In this stockholders’ suit plaintiff now moves to strike the answers of the corporate defendants, the Pennsylvania Railroad Company and the Pennsylvania, Ohio & Detroit Railroad Company, and to remove counsel.
The important issue raised by the motion is whether, in a stockholders’ secondary (derivative) action against the officers and directors of a corporation for breach of duty, the corporation, joined as a party defendant, may file an answer to the complaint setting forth affirmative defenses.
A brief statement of the case is necessary to the decision. Plaintiff,…
2Cases cited26 opinions
- Dodge v. WoolseySupreme Court of the United States · 1856
- Venner v. Great Northern Railway Co.Supreme Court of the United States · 1908
- Brown v. DeYoungIllinois Supreme Court · 1897
- Riley v. Boynton Coal Co.Supreme Court of Pennsylvania · 1931
- Kelly v. ThomasSupreme Court of Pennsylvania · 1912
21 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Joseph B. KAUFFMAN Et Al. v. the DREYFUS FUND, INC., Et Al., Investors Diversified Services, Inc., Et Al., AppellantsCourt of Appeals for the Third Circuit · 1970
- Bell Atlantic Corp. v. BolgerCourt of Appeals for the Third Circuit · 1993
- Cannon v. US Acoustics CorporationDistrict Court, N.D. Illinois · 1975
- Hausman v. BuckleyCourt of Appeals for the Second Circuit · 1962
- Marco v. DullesDistrict Court, S.D. New York · 1959
25 more not listed; retrieve them via the Exa API.