Legal Opinion

Gartenberg v. Merrill Lynch Asset Management, Inc.

District Court, S.D. New York

Decided December 28, 1981No. 79 Civ. 3123(MP), 79 Civ. 5726(MP)PublishedCited by 30 opinions

1Opinion of the Court

FINDINGS AND OPINION

MILTON POLLACK, District Judge.

Preliminary

Over 1,100,000 persons and institutions were at the time of trial herein shareholders in a money market fund whose net assets at that time exceeded $19 billion, known as the “Merrill Lynch Ready Assets Trust” (the “Fund” hereafter). Two individual shareholders, Irving Gartenberg and Simone Andre, have brought this suit under Section 36(b) of the Investment Act of 1940, 15 U.S.C. Section 80a-35(b) (the “Act”) complaining of the size of the annual compensation paid to the Fund’s Investment Adviser in 1980-81 under its percentage…

2Cases cited23 opinions

  1. TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
  4. Burks v. LaskerSupreme Court of the United States · 1979
  5. Steadman v. Securities & Exchange CommissionSupreme Court of the United States · 1981

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

3Cited by30 opinions

  1. In Re Merrill Lynch & Co. Research Reports Securities LitigationDistrict Court, S.D. New York · 2003
  2. People v. Thoro Products Co., Inc.Supreme Court of Colorado · 2003
  3. Joseph A. Romano v. Merrill Lynch, Pierce, Fenner & SmithCourt of Appeals for the Fifth Circuit · 1987
  4. Gartenberg v. Merrill Lynch Asset Management, Inc.Court of Appeals for the Second Circuit · 1982
  5. Krinsk v. Fund Asset Management, Inc.Court of Appeals for the Second Circuit · 1989

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

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