Legal Opinion

Ellen Jones, Leo P. Portnoy, Applicant-In-Intervention-Appellant v. Nuclear Pharmacy, Inc., a New Mexico Corporation, and Robert Lee Sanchez

Court of Appeals for the Tenth Circuit

Decided August 22, 1984No. 83-2264PublishedCited by 100 opinions

1Opinion of the Court

McKAY, Circuit Judge.

This is an appeal from the trial court’s order approving the terms of a settlement agreement in a shareholder’s derivative suit. We are asked to review whether the trial court violated the constitutional process due an objecting shareholder by failing to hear live testimony at the settlement hearing.

This case was fraught with the kinds of acrimonious assaults, vitriolic comments and contumacious behavior that all too frequently plague and characterize suits of this nature. See, e.g., Record, vol. 1, at 26-27, 32, 36-44, 206-07. With that caveat in mind, only a brief…

2Cases cited8 opinions

  1. Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
  2. Twining v. New JerseySupreme Court of the United States · 1908
  3. Fed. Sec. L. Rep. P 98,755, Fed. Sec. L. Rep. P 99,074 William B. Weinberger v. James C. Kendrick, Charles M. CoyneCourt of Appeals for the Second Circuit · 1983
  4. Baldwin v. HaleSupreme Court of the United States · 1864
  5. State of West Virginia v. Chas. Pfizer & Co.District Court, S.D. New York · 1970

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3Cited by100 opinions

  1. Rutter & Wilbanks Corp. v. Shell Oil Co.Court of Appeals for the Tenth Circuit · 2002
  2. Pigford v. GlickmanDistrict Court, District of Columbia · 1999
  3. Gottlieb v. WilesCourt of Appeals for the Tenth Circuit · 1993
  4. Weinman v. Fidelity Capital Appreciation Fund (In Re Integra Realty Resources, Inc.)Court of Appeals for the Tenth Circuit · 2004
  5. Alvarado Partners, L.P. v. MehtaDistrict Court, D. Colorado · 1989

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

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