Legal Opinion

Simon v. New Haven Board & Carton Co.

Court of Appeals for the Second Circuit

Decided March 5, 1975No. 27, Docket 74-1272PublishedCited by 4 opinions

1Opinion of the Court

TIMBERS, Circuit Judge:

On this appeal from a judgment entered January 9, 1974 after a seven day bench trial in the District of Connecticut, Jon O. Newman, District Judge, dismissing a stockholder’s derivative action, the essential issue is the correctness of the district court’s determination that the corporation had not been damaged. For the reasons below, we affirm.

I

In view of the district court’s clear and comprehensive statement of the facts, 392 F.Supp. 139, it is sufficient for our purpose briefly to summarize only those facts necessary to an understanding of our ruling on the essential…

2Cases cited9 opinions

  1. Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
  2. Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
  3. Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
  4. Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
  5. John B. Janigan v. Frederick B. TaylorCourt of Appeals for the First Circuit · 1965

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3Cited by4 opinions

  1. Joseph Pickard's Sons Co. v. United StatesUnited States Court of Claims · 1976
  2. Crane Co. v. American Standard, Inc.District Court, S.D. New York · 1977
  3. Simon v. New Haven Board & Carton Company, IncorporatedCourt of Appeals for the Second Circuit · 1975
  4. Goldberg v. Taylor Wine Co.District Court, E.D. New York · 1980

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