Legal Opinion
Epstein v. Shindler
District Court, S.D. New York
Decided November 27, 1961PublishedCited by 5 opinions
1Opinion of the Court
McGOHEY, District Judge.
The question presented on this motion is whether the statutory action under section 16(b) of the Securities Exchange Act, 15 U.S.C.A. § 78p(b), abates upon the death of a defendant.
The plaintiff, a stockholder, brought this action under section 16(b) for the recovery on behalf of United States Glass & Chemical Corporation of short term profits from the purchase and sale of that corporation’s securities by “insiders.” One of the defendants, David L. Shindler, died after the commencement of the action. The plaintiff moves, under Fed.R.Civ.P. 25(a), 28 U.S.C.A., to…
2Cases cited9 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
- Schreiber v. SharplessSupreme Court of the United States · 1884
- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
- Barnes Coal Corp. v. Retail Coal Merchants Ass'nCourt of Appeals for the Fourth Circuit · 1942
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3Cited by5 opinions
- James Riggs, Trustee in Bankruptcy v. Government Employees Financial Corporation, Etc.Court of Appeals for the Ninth Circuit · 1980
- Western Auto Supply Company and Beneficial Finance Co. v. Gamble-Skogmo, Inc.Court of Appeals for the Eighth Circuit · 1965
- Derdiarian v. Futterman CorporationDistrict Court, S.D. New York · 1963
- Oliff v. Exchange International Corp.District Court, N.D. Illinois · 1978
- Western Auto Supply Company and Beneficial Finance Co. v. Gamble-Skogmo, Inc.Court of Appeals for the Eighth Circuit · 1965