Legal Opinion
Nemser v. Aviation Corporation
District Court, D. Delaware
Decided October 6, 1942No. Civil Action 253PublishedCited by 5 opinions
1Opinion of the Court
LEAHY, District Judge.
Plaintiff seeks to enjoin defendant from putting into effect two plans for compensation of employees. Defendant has moved to dismiss the complaint.
After the filing of the complaint, the stockholders of defendant corporation met and approved both plans, but the Board of Directors has abandoned the so-called Extra Compensation Annuity Plan. We are interested solely, therefore, in the question of the validity of the Contributory Pension Plan, which will be referred to herein as “the Plan.”
Defendant’s present motion, filed pursuant to Rule 12 of the Rules of Civil Procedure,…
2Cases cited16 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Rogers v. HillSupreme Court of the United States · 1933
- Allied Chemical & Dye Corp. v. Steel & Tube Co. of AmericaCourt of Chancery of Delaware · 1923
- Allied Chemical & Dye Corp. v. Steel & Tube Co. of AmericaCourt of Chancery of Delaware · 1923
- Town of Mentz v. . CookNew York Court of Appeals · 1888
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3Cited by5 opinions
- Fogelson v. American Woolen Co.Court of Appeals for the Second Circuit · 1948
- Wyles v. CampbellDistrict Court, D. Delaware · 1948
- Lowe v. JonesSupreme Court of Pennsylvania · 1964
- In Re Standard Power & Light CorporationDistrict Court, D. Delaware · 1943
- Pine Township Citizens' Ass'n v. ArnoldDistrict Court, W.D. Pennsylvania · 1978