Legal Opinion
Joyce v. Joyce Beverages, Inc.
District Court, S.D. New York
Decided April 28, 1977No. 76 CIV. 5846(MP)PublishedCited by 3 opinions
1Opinion of the Court
DECISION
POLLACK, District Judge.
Defendants move, pursuant to Fed.R. Civ.P. 12(b)(6) and 9(b) for a dismissal of the complaint for failure to state a sufficient claim for relief and failure to plead with particularity any circumstances constituting fraud.
On April 30, 1973 plaintiffs exchanged their common stock in four “Seven-Up” bottling companies (“Operating Companies”) incorporated in the State of Illinois for shares in Joyce Beverages, Inc. (“JBI”) incorporated in the State of Delaware, pursuant to an Agreement and Plan of Reorganization.1 The offer for the exchange was made by mail, and…
2Cases cited4 opinions
- Richard A. ASH, on Behalf of Himself and All Similarly Situated Shareholders of LFE Corporation, Appellant, v. LFE CORPORATION, AppelleeCourt of Appeals for the Third Circuit · 1975
- Fed. Sec. L. Rep. P 94,589 Dennis v. Vohs v. Ronald W. Dickson, Elizabeth N. Whitaker, II v. Ronald W. DicksonCourt of Appeals for the Fifth Circuit · 1974
- Fed. Sec. L. Rep. P 93,762 Charles A. Nanfito, Administrator of the Estate of Alice C. Major v. Tekseed Hybrid co.l.Court of Appeals for the Eighth Circuit · 1973
- Nanfito v. TEKSEED HYBRID COMPANYDistrict Court, D. Nebraska · 1972
3Cited by3 opinions
- Goldberger v. BakerDistrict Court, S.D. New York · 1977
- Joyce v. Joyce Beverages, Inc.Court of Appeals for the Second Circuit · 1978
- Joyce Beverages, Inc. v. JoyceCourt of Appeals for the Second Circuit · 1978