Legal Opinion

Norte & Co. v. Defiance Industries, Inc., and R. L. Huffines, Jr., Victor Muscat, L F. Serrick, Alfred O'Gara and Edward Krock

Court of Appeals for the Second Circuit

Decided June 26, 1963No. 27999, 28160PublishedCited by 10 opinions

1Opinion of the Court

LUMBARD, Chief Judge.

In this stockholder’s derivative suit, the plaintiff appeals from an order of the United States District Court for the Southern District of New York quashing service of process on Defiance Industries, Inc., the corporation in behalf of which the suit is brought, nominally a party defendant. The real defendants are directors of Defiance, who are charged in the complaint with waste andl misappropriation of corporate assets. This appeal has been consolidated with the plaintiff’s petition for a writ of mandamus to the court below to vacate the order quashing service. We…

2Cases cited6 opinions

  1. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  2. Luckenbach Steamship Company, Inc., Third-Party v. H. Muehlstein & Co., Inc., Third-Party Ellio Rando v. Luckenbach Steamship Company, Inc.Court of Appeals for the Second Circuit · 1960
  3. Melvin Miles v. City of Chandler, a Municipal CorporationCourt of Appeals for the Ninth Circuit · 1961
  4. Lavin v. LavinCourt of Appeals for the Second Circuit · 1950
  5. Joseph Abrams and Harold H. Hyman v. Hon. John F. X. McGohey District JudgeCourt of Appeals for the Second Circuit · 1958

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Carolyn HUCKEBY, Plaintiff, v. FROZEN FOOD EXPRESS, Defendant-Appellee, v. Alice BOBO, Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1977
  2. Lawson v. Baltimore Paint and Chemical CorporationDistrict Court, D. Maryland · 1972
  3. Knable v. WilsonCourt of Appeals for the D.C. Circuit · 1977
  4. Pegler v. SullivanCourt of Appeals of Arizona · 1966
  5. Schnur & Cohan, Inc. v. McDonaldCourt of Appeals for the Fourth Circuit · 1964

5 more not listed; retrieve them via the Exa API.

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