Legal Opinion
Blau v. Oppenheim
District Court, S.D. New York
Decided February 21, 1966No. 65 Civil 2719PublishedCited by 29 opinions
1Opinion of the Court
WEINFELD, District Judge.
The defendant, Laurent Oppenheim, Jr., moves pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint for failure to state a claim. The action was commenced under section 16(b) of the Securities Exchange Act of 1934 1 to recover “short-swing profits” allegedly realized by the defendant in sales and purchases of common stock of Hanson-Van Winkle Munning Company (Van Winkle). The motion rests upon the failure of the plaintiff to allege that he was a shareholder of Van Winkle at the time of the transactions, as required by Rule 23(b) of…
2Cases cited29 opinions
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
- United States v. RumelySupreme Court of the United States · 1953
- Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
- Takao Ozawa v. United StatesSupreme Court of the United States · 1922
24 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Reliance Electric Co. v. Emerson Electric Co.Supreme Court of the United States · 1972
- Mendell ex rel. Viacom Inc. v. GollustCourt of Appeals for the Second Circuit · 1990
- Margot Newmark v. Rko General, Inc., and Frontier Airlines, Inc.Court of Appeals for the Second Circuit · 1970
- Fed. Sec. L. Rep. P 94,924 American Standard, Inc. v. Crane Co., and Third-Party v. Edward J. Hanley, Third-PartyCourt of Appeals for the Second Circuit · 1975
- Judith S. Feder v. Martin Marietta Corporation and Sperry Rand CorporationCourt of Appeals for the Second Circuit · 1969
24 more not listed; retrieve them via the Exa API.