Legal Opinion

Grossman v. Young

District Court, S.D. New York

Decided July 3, 1947PublishedCited by 38 opinions

1Opinion of the Court

RIFKIND, District Judge.

By his motion under Federal Rules of Civil Procedure, Rule 12(b) (6), 28 U.S. C.A. following section 723c, defendant Leonard A. Young seeks an order dismissing the complaint for its failure to state a claim upon which relief can be granted. Thereby he raises two questions of statutory construction heretofore unanswered. The action is brought under Sec. 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b). The complaint states two causes of action whereby plaintiffs, stockholders of the corporate defendant, seek to recover, for the benefit of the corporate…

2Cases cited16 opinions

  1. Holmberg v. ArmbrechtSupreme Court of the United States · 1946
  2. The HarrisburgSupreme Court of the United States · 1886
  3. Bailey v. GloverSupreme Court of the United States · 1875
  4. Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
  5. Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943

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

3Cited by38 opinions

  1. Esplin v. HirschiCourt of Appeals for the Tenth Circuit · 1968
  2. Whittaker v. Whittaker Corp.Court of Appeals for the Ninth Circuit · 1981
  3. United States v. BorinCourt of Appeals for the Fifth Circuit · 1954
  4. State v. United States Steel Corp.Supreme Court of New Jersey · 1956
  5. Markowitz v. BrodyDistrict Court, S.D. New York · 1981

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

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