Brooks v. Standard Oil Company
District Court, S.D. New York
1Opinion of the Court
LASKER, District Judge.
Defendant Standard Oil Company (New Jersey) (“Jersey”) moves, pursuant to Fed.R.Civ.Proc. § 12(b) (6), to dismiss plaintiff’s complaint on the ground that it fails to state a claim upon which relief can be granted. In the alternative, Jersey moves for summary judgment under Rule 56, Fed.R. Civ.Proc.
The complaint seeks a declaratory judgment that a shareholder resolution proposed by plaintiff is a proper subject for action by security holders, that Jersey could not legally omit the proposal and a statement in support of it from the proxy statement which it planned to…
2Cases cited6 opinions
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Thomas C. Smith, Appellant-Petitioner v. Stanley S. Resor, Secretary of the Army, Appellee-RespondentCourt of Appeals for the Second Circuit · 1969
- Dyer v. Securities & Exchange CommissionCourt of Appeals for the Eighth Circuit · 1959
- John F. English v. John CunninghamSupreme Court of the United States · 1959
- Laredef Corp. v. Fed. Seaboard Terra CottaNew Jersey Court of Chancery · 1942
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3Cited by4 opinions
- Continental Oil Company v. BurnsDistrict Court, D. Delaware · 1970
- Amalgamated Clothing & Textile Workers Union v. Wal-Mart Stores, Inc.District Court, S.D. New York · 1993
- New York City Employees' Retirement System v. American Brands, Inc.District Court, S.D. New York · 1986
- New York City Employees' Retirement System v. Brunswick Corp.District Court, S.D. New York · 1992