Legal Opinion

Alleghany Corporation v. Allan P. Kirby, Charles T. Ireland, Jr., and Fred M. Kirby, Randolph Phillips

Court of Appeals for the Second Circuit

Decided July 22, 1964No. 28397_1PublishedCited by 48 opinions

1Opinion of the Court

MOORE, Circuit Judge:

For some ten years, the subject matter of the lawsuit now on appeal has been before the New York State and federal courts. The particular aspect now presented is an appeal from a judgment in an action in the district court wherein plaintiff (appellant), Alleghany Corporation,' sought to set aside, as obtained by fraud, a settlement of stockholders’ derivative actions. Alleghany Corp. v. Kirby, 218 F.Supp. 164 (S.D.N.Y.1963). This appeal is further limited to the claim that the settlement was obtained by defendant (appellee) Allan P. Kirby, as a result of his failure…

2Cases cited9 opinions

  1. United States v. Consolidated Laundries Corp.Court of Appeals for the Second Circuit · 1961
  2. Cohen v. YoungCourt of Appeals for the Sixth Circuit · 1942
  3. Masterson v. PergamentCourt of Appeals for the Sixth Circuit · 1953
  4. Heddendorf v. GoldfineDistrict Court, D. Massachusetts · 1958
  5. Breswick & Co. v. BriggsDistrict Court, S.D. New York · 1955

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

3Cited by48 opinions

  1. Theodore R. Kupferman, as Receiver of Vickers, Christy & Co., Inc. v. Consolidated Research and Manufacturing Corporation, Daniel JacobsonCourt of Appeals for the Second Circuit · 1972
  2. Bellefonte Re Insurance Company, Plaintiff-Appellant-Cross-Appellee v. Argonaut Insurance Company, Defendant-Appellee-Cross-Appellant. Universal Reinsurance Company, Plaintiff-Appellant-Cross-Appellee v. Argonaut Insurance Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1985
  3. In Re "Agent Orange" Product Liability Litigation. (Appeal of David Dean)Court of Appeals for the Second Circuit · 1987
  4. General Time Corp. v. Talley Industries, Inc.Court of Appeals for the Second Circuit · 1968
  5. Thorogood v. Sears, Roebuck and Co.Court of Appeals for the Seventh Circuit · 2008

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API