Blau v. Allen
District Court, S.D. New York
1Opinion of the Court
McGOHEY, District Judge.
The plaintiff moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The action is a stockholders derivative suit under the provisions of section 16(b) of the Securities Exchange Act of 1934. 1
On argument all the defendants, agreeing there were no issues of fact, asked for summary judgment in their favor.
The plaintiff’s motion will be granted as to the defendant Charles Allen, Jr. but denied as to the remaining defendants. As will appear, there are issues of fact with respect to the latter which require a trial.
The complaint…
2Cases cited6 opinions
- Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
- Gratz v. ClaughtonCourt of Appeals for the Second Circuit · 1951
- Blau v. OgsburyCourt of Appeals for the Second Circuit · 1954
- Stella Ex Rel. Kaiser-Frazer Corp. v. Graham-Paige Motors Corp.District Court, S.D. New York · 1955
- Rattner v. LehmanCourt of Appeals for the Second Circuit · 1952
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3Cited by16 opinions
- Fed. Sec. L. Rep. P 92,683 John Bershad v. Bernard P. McDonoughCourt of Appeals for the Seventh Circuit · 1970
- Judith S. Feder v. Martin Marietta Corporation and Sperry Rand CorporationCourt of Appeals for the Second Circuit · 1969
- Blau v. OppenheimDistrict Court, S.D. New York · 1966
- Volk v. ZlotoffDistrict Court, S.D. New York · 1968
- Levy v. SeatonDistrict Court, S.D. New York · 1973
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