Legal Opinion

Morales v. Lukens, Inc.

District Court, S.D. New York

Decided September 24, 1984No. 82 Civ. 6652(DNE)PublishedCited by 3 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

EDELSTEIN, District Judge:

Plaintiff Richard Morales is a shareholder of Lukens, Inc. (“Lukens”) and brought this derivative action pursuant to Rule 23.1 of the Federal Rules of Civil Procedure 1 to recover shortswing profits owing to Lukens under Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b) (1982). The profits were allegedly made by defendant Walco National Corporation (“Walco”) during an attempted takeover of General Steel Industries Inc. (“GSI”), which was eventually acquired by Lukens. Jurisdiction is conferred by Section…

2Cases cited15 opinions

  1. Blau v. LehmanSupreme Court of the United States · 1962
  2. Smolowe v. Delendo CorporationCourt of Appeals for the Second Circuit · 1943
  3. Kern County Land Co. v. Occidental Petroleum Corp.Supreme Court of the United States · 1973
  4. National Labor Relations Board v. Tex-Tan, Inc.Court of Appeals for the Fifth Circuit · 1963
  5. Blau v. LambCourt of Appeals for the Second Circuit · 1966

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3Cited by3 opinions

  1. First National Bankshares of Beloit, Inc. v. GeiselDistrict Court, D. Kansas · 1994
  2. Herrmann v. SteinbergCourt of Appeals for the Second Circuit · 1987
  3. Herrmann v. SteinbergCourt of Appeals for the Second Circuit · 1987

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