Legal Opinion
Apache Corp. v. Chevedden
District Court, S.D. Texas
Decided March 10, 2010No. Civil Action H-10-0076PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
LEE H. ROSENTHAL, District Judge.
This court is asked to decide whether the proof of stock ownership that John Chevedden submitted to Apache Corporation satisfies the requirements of S.E.C. Rule 14a-8(b)(2). This rule requires a shareholder submitting a proposal for the company to include in its proxy materials to prove that he is eligible. A company may exclude a shareholder proposal from its proxy materials if the shareholder fails to present timely and adequate proof of eligibility. Apache seeks a declaratory judgment that it may exclude a proposal submitted by Chevedden…
2Cases cited11 opinions
- Securities & Exchange Commission v. Medical Committee for Human RightsSupreme Court of the United States · 1972
- Medical Committee for Human Rights v. Securities and Exchange CommissionCourt of Appeals for the D.C. Circuit · 1970
- Delaware v. New YorkSupreme Court of the United States · 1993
- Whistler Investment, Inc. v. Depository Trust & Clearing Corp.Court of Appeals for the Ninth Circuit · 2008
- In Re Color Tile Inc., Debtor. Michael R. Buchanan, Official Committee of Unsecured Creditors, as Disbursing Agent Under the Plan of Liquidation (Formerly the Official Committee of Unsecured Creditors of Color Tile Inc.) v. Reliance Insurance Company Blackstone Family Investment Partnership Pilgrim High Yield Trust Bankers Trust Co. Ids Extra Income Fund, Inc. Dan Lufkin Elise Lufkin Northern Trust Company, as Trustee of a Master Trust for the Benefit of the Allied Signal, Inc. Allied Signal Corp. Prudential High Yield Fund, Inc. Prudential Insurance Company of America, as Investment Manager for the General Motors High Yield Account General Motors, General Motors High Yield Account Prudential Series Fund, Inc. Riverside Capital Advisors, Inc. Bears, Sterns & Company, Inc. Morgan Guaranty Trust Co. Of New York Atwell & Co How & Co Kelly & Co. Btc U.S. High Yield Fund Northeast Investors Trust Northstar High Yield Bond Fund Saloman Brothers, Inc. State Street Research Strategic Growth & Income Fund State Street Research Income Trust State Street Research Equity Trust State Street Research Investment Services, Inc. State Street Research Growth Trust Metropolitan Life Insurance CompanyCourt of Appeals for the Third Circuit · 2007
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3Cited by6 opinions
- Trinity Wall Street v. Wal-Mart Stores, Inc.Court of Appeals for the Third Circuit · 2015
- Kbr Inc. v. CheveddenDistrict Court, S.D. Texas · 2011
- EMC Corp. v. CheveddenDistrict Court, D. Massachusetts · 2014
- Dale Carey v. Matthew BumsteadCourt of Appeals of Washington · 2019
- Fonds Des Missions v. Unitedhealth Group IncorporatedDistrict Court, District of Columbia · 2026
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