Legal Opinion
Upson v. Otis
Court of Appeals for the Second Circuit
Decided May 23, 1946No. 267PublishedCited by 36 opinions
1Opinion of the Court
FRANK, Circuit Judge. .
As Automatic had not registered under the Investment Company Act at the time of the occurrence of the transactions covered by the complaint, § 17(a) of that Act has no bearing here.1 Under Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487, we must therefore look to New York decisions. It would seem that they follow the usual conflict of laws rule in referring to Delaware “law” to determine the fiduciary obligations of directors of a Delaware corporation.2
The Delaware decisions are in accord with Irving Trust Company v. Deutsch, 2 Cir.,…
2Cases cited23 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
- The PennsylvaniaSupreme Court of the United States · 1874
- Guth v. Loft, Inc.Supreme Court of Delaware · 1939
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
18 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- City of Detroit v. Grinnell Corporation, Manhattan-Ward, Incorporated v. Grinnell Corporation, 1225 Vine Street Building, Inc. v. Grinnell CorporationCourt of Appeals for the Second Circuit · 1974
- Fed. Sec. L. Rep. P 93,547 Arthur Newman v. Howard M. Stein, and Morrie Benson and Rose Lerman, Objectants-AppellantsCourt of Appeals for the Second Circuit · 1972
- State of West Virginia v. Chas. Pfizer & Co.District Court, S.D. New York · 1970
- Wilshire Oil Company of Texas v. L. E. Riffe, O. Homer Riffe and Thomas J. MastersonCourt of Appeals for the Tenth Circuit · 1969
- Plummer v. Chemical BankCourt of Appeals for the Second Circuit · 1982
31 more not listed; retrieve them via the Exa API.