Legal Opinion
Papilsky v. Berndt
District Court, S.D. New York
Decided March 16, 1973No. Nos. 71 Civ. 2534, 72 Civ. 3120PublishedCited by 19 opinions
1Opinion of the Court
OPINION TYLER, District Judge.
We have at least temporarily consolidated these two actions for the purpose of resolving the pre-trial motions discussed below. Plaintiffs are shareholders of defendant Affiliated Fund, Inc., and have brought these two actions derivatively in the Fund’s behalf. Defendants are now and were the directors of the Fund during the period under challenge, its principal officers, and Lord, Abbett & Co., the Fund’s investment adviser and underwriter. Put briefly, the complaints charge violations of the Investment Company Act of 1940, 15 U S. C. § 80a-l et seq., the…
2Cases cited12 opinions
- Fed. Sec. L. Rep. P 92,714 Edwin J. Herpich v. Robert H. Wallace, Jack E. LoveCourt of Appeals for the Fifth Circuit · 1970
- deHaas v. Empire Petroleum Co.Court of Appeals for the Tenth Circuit · 1970
- Fed. Sec. L. Rep. P 93,592 Paulette Papilsky v. Alvin H. Berndt, and Carl W. KnoblochCourt of Appeals for the Second Circuit · 1972
- Cathedral Estates, Inc. v. The Taft Realty CorporationCourt of Appeals for the Second Circuit · 1955
- Rose Moses v. C. Rodgers BurginCourt of Appeals for the First Circuit · 1971
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Dorothy Elfenbein v. Gulf & Western Industries, Inc., and Stelux Manufacturing Co., and Bulova Watch Co., Inc.Court of Appeals for the Second Circuit · 1978
- In Re Kauffman Mutual Fund Actions. Joseph B. KauffmanCourt of Appeals for the First Circuit · 1973
- H. M. Greenspun v. Del E. Webb Corporation, Etc.Court of Appeals for the Ninth Circuit · 1980
- Brick v. Dominion Mortgage & Realty TrustDistrict Court, W.D. New York · 1977
- Fujimoto v. AuHawaii Supreme Court · 2001
14 more not listed; retrieve them via the Exa API.