Legal Opinion

Iroquois Industries, Inc. v. Syracuse China Corp.

Court of Appeals for the Second Circuit

Decided November 3, 1969No. 428, Docket 32984PublishedCited by 67 opinions

1Opinion of the Court

WYATT, District Judge:

The principal question, an important one, raised by this appeal is the extent to which Section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78a and following; the “1934 Act”) is applicable in tender offer situations. Closely related is a question as to the continuing vitality of the decision of this Court in Birnbaum v. Newport Steel Corp., 193 F.2d 461 (2d Cir.), cert. denied 343 U.S. 956, 72 S.Ct. 1051, 96 L.Ed. 1356 (1952).

The rule laid down in Birnbaum is that a civil action under Section 10(b) of the 1934 Act (15 U.S.C. § 78j(b)) may be maintained only…

2Cases cited15 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Hurn v. OurslerSupreme Court of the United States · 1933
  3. Birnbaum v. Newport Steel Corp.Court of Appeals for the Second Circuit · 1952
  4. Leo Vine v. Beneficial Finance Company, Inc., and Charles H. Dowd, Stuart A. Wixson, George J. Springer, C. H. Donohue and Crown Finance Company, Inc.Court of Appeals for the Second Circuit · 1967
  5. Blau v. LehmanSupreme Court of the United States · 1962

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3Cited by67 opinions

  1. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  2. Piper v. Chris-Craft Industries, Inc.Supreme Court of the United States · 1977
  3. Alexander Kahan, on Behalf of Himself and All Others Similarly Situated v. Lewis RosenstielCourt of Appeals for the Third Circuit · 1970
  4. Fed. Sec. L. Rep. P 94,464 Securities and Exchange Commission v. William v. Coffey, and John M. KingCourt of Appeals for the Sixth Circuit · 1974
  5. Crane Co. v. Westinghouse Air Brake Co.Court of Appeals for the Second Circuit · 1969

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

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