Legal Opinion
Fogelson v. American Woolen Co.
Court of Appeals for the Second Circuit
Decided November 10, 1948No. 61, Docket 21090PublishedCited by 31 opinions
1Opinion of the Court
SWAN, Circuit Judge.
This is an action brought by two stockholders of American Woolen Company, Inc., against the corporation and four of its directors to enjoin the defendants from putting into effect a proposed “Retirement Income Plan” for the corporation’s salaried employees. Federal jurisdiction rests upon diversity of citizenship.
The proposed plan, which is set forth in the complaint, contemplates that it shall be put into effect as of January 1, 1948, fixes the retirement age at 65, and sets up a percentage formula for determining the “retirement income” or pension to be paid annually by…
2Cases cited5 opinions
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Rogers v. HillSupreme Court of the United States · 1933
- McQuillen v. National Cash Register Co.Court of Appeals for the Fourth Circuit · 1940
- Winkelman v. General Motors CorporationDistrict Court, S.D. New York · 1940
- Nemser v. Aviation CorporationDistrict Court, D. Delaware · 1942
3Cited by31 opinions
- Gulbenkian v. PennTexas Supreme Court · 1952
- Schoenbaum v. FirstbrookCourt of Appeals for the Second Circuit · 1968
- Colby v. KluneCourt of Appeals for the Second Circuit · 1949
- Subin v. GoldsmithCourt of Appeals for the Second Circuit · 1955
- Fed. Sec. L. Rep. P 97,192 Alabama Farm Bureau Mutual Casualty Company, Inc., Etc. v. American Fidelity Life Insurance Company, Etc.Court of Appeals for the Fifth Circuit · 1980
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