Legal Opinion
Mark Dottenheim v. Clint W. Murchison, Jr.
Court of Appeals for the Fifth Circuit
Decided January 15, 1956No. 15506PublishedCited by 15 opinions
1Opinion of the Court
TUTTLE, Circuit Judge.
We are here called upon to determine whether a stockholder who sues on behalf of his corporation to recover “short-swing” profits of a “beneficial” owner of stock in the corporation, as authorized under Section 16(b) of the Securities Exchange Act of 1934, 1 must allege that he was such stockholder at the time of the transactions complained of as required by Rule 23(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., in the case of “an action brought to enforce a secondary right on the part of one or more shareholders * * 2
The trial court decided this question in…
2Cases cited6 opinions
- Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
- Park & Tilford, Inc. v. SchulteCourt of Appeals for the Second Circuit · 1947
- Blau v. Mission Corp.Court of Appeals for the Second Circuit · 1954
- Pellegrino v. NesbitCourt of Appeals for the Ninth Circuit · 1953
- Benisch v. CameronDistrict Court, S.D. New York · 1948
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gollust v. MendellSupreme Court of the United States · 1991
- Stanley M. Grossman v. Edward C. Johnson, 3rdCourt of Appeals for the First Circuit · 1982
- Surowitz v. Hilton Hotels Corp.Court of Appeals for the Seventh Circuit · 1965
- Blau v. OppenheimDistrict Court, S.D. New York · 1966
- Simmonds v. Credit Suisse Securities LLCCourt of Appeals for the Ninth Circuit · 2010
10 more not listed; retrieve them via the Exa API.