Legal Opinion
Florence K. Levine, as of the Last Will and Testament of Irving Levine, Deceased v. Seilon, Inc.
Court of Appeals for the Second Circuit
Decided March 1, 1971No. 35226_1PublishedCited by 97 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge:
This appeal from an order of the District Court for the Southern District of New York, dismissing a stockholder’s complaint against a corporation for failure to state a claim upon which relief can be granted, F.R.Civ.P. 12(b) (6), presents a novel contention which again demonstrates the astonishing inventiveness of counsel in invoking the SEC’s Rule 10b-5 issued pursuant to § 10(b) of the Securities Exchange Act, and a related claim for the same relief under § 14(e) added to the Act in 1968. The arguments have taken an exceedingly wide range; indeed, the SEC as amicus…
2Cases cited13 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Birnbaum v. Newport Steel Corp.Court of Appeals for the Second Circuit · 1952
- Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
- Hanover Bank v. CommissionerSupreme Court of the United States · 1962
- John B. Janigan v. Frederick B. TaylorCourt of Appeals for the First Circuit · 1965
8 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Securities and Exchange Commission v. Manor Nursing Centers, Inc.Court of Appeals for the Second Circuit · 1972
- Fed. Sec. L. Rep. P 97,357 Marbury Management, Inc., and Harry Bader, Plaintiffs-Appellants-Appellees v. Alfred Kohn, and Wood, Walker & Co.Court of Appeals for the Second Circuit · 1980
- Gurary v. WinehouseCourt of Appeals for the Second Circuit · 1999
- Mordechai Gurary v. Isaac Winehouse and Isaac Winehouse, Doing Business as Wall & Broad Equities, Nu-Tech Bio-Med, Inc.Court of Appeals for the Second Circuit · 2000
92 more not listed; retrieve them via the Exa API.