Legal Opinion
In Re Irving L. GARTENBERG, Petitioner
Court of Appeals for the Second Circuit
Decided October 9, 1980No. 254, Docket 80-3034PublishedCited by 31 opinions
1Opinion of the Court
VAN GRAAFEILAND, Circuit Judge:
Petitioner is a shareholder of Merrill Lynch Ready Assets Trust, a no-load, diversified, open-end investment company. In March 1980 he commenced a derivative action in the United States District Court for the Southern District of New York against Merrill Lynch Asset Management, Inc., the investment adviser of the Trust, and Merrill Lynch, Pierce, Fenner & Smith, Inc., the parent company of the adviser. The gravamen of his complaint was that the Trust adviser had been charging exorbitant fees and that this constituted a breach of its fiduciary duties under…
2Cases cited16 opinions
- Ross v. BernhardSupreme Court of the United States · 1969
- Securities and Exchange Commission v. Manor Nursing Centers, Inc.Court of Appeals for the Second Circuit · 1972
- Deckert v. Independence Shares Corp.Supreme Court of the United States · 1940
- Burks v. LaskerSupreme Court of the United States · 1979
- Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Armstrong v. McAlpinCourt of Appeals for the Second Circuit · 1983
- Armstrong v. McalpinCourt of Appeals for the Second Circuit · 1983
- State of Ohio v. Peterson, Lowry, Rall, Barber & RossCourt of Appeals for the Tenth Circuit · 1981
- In Re Frank J. Evangelist, Jr.Court of Appeals for the First Circuit · 1985
- Gartenberg v. Merrill Lynch Asset Management, Inc.Court of Appeals for the Second Circuit · 1982
26 more not listed; retrieve them via the Exa API.