Legal Opinion
Nelson v. Gammon
District Court, W.D. Kentucky
Decided September 5, 1979No. C 77-0514-L(B)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
BALLANTINE, District Judge.
This action arose out of the merger between National Industries, Inc. (National) and Fuqua Industries, Inc. (Fuqua). Plaintiffs, Frank Nelson and Hyman Swolsky, filed a shareholders’ derivative suit on behalf of National in October, 1977, three months prior to National’s merger into Fuqua. Nelson owned 100 shares of National common stock and Swolsky owned 4,592 shares when the suit was filed. The defendants include six former directors of National, 1 National itself, and Fuqua. Jurisdiction is based upon diversity of citizenship.
Count I of the…
2Cases cited20 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- William Butler Smith v. Leman HudsonCourt of Appeals for the Sixth Circuit · 1979
- Smith v. SperlingSupreme Court of the United States · 1957
- Bohn Aluminum & Brass Corporation v. Storm King CorporationCourt of Appeals for the Sixth Circuit · 1962
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3Cited by1 opinion
- Frank Nelson v. Joseph A. GammonCourt of Appeals for the Sixth Circuit · 1981