Legal Opinion

Osterneck v. E.T. Barwick Industries, Inc.

Court of Appeals for the Eleventh Circuit

Decided August 31, 1987No. Nos. 85-8165, 85-8523 and 85-8593PublishedCited by 21 opinions

1Opinion of the Court

ANDERSON, Circuit Judge:

Over seventeen years ago, in September 1969, Cavalier Bag Company, Inc. merged into E.T. Barwick Industries, a subsidiary of the Barwick Corporation. Various members of the Osterneck family, plaintiffs in this action, were, at that time, owners of Cavalier. Pursuant to the merger, the Os-ternecks exchanged their stock in Cavalier for Barwick Industries stock.

Sometime later the Osternecks became aware of allegedly fraudulent misrepresentations made to them in order to secure their approval of the merger. Specifically, they came to believe that Barwick Industries’…

2Cases cited66 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Wilson v. GarciaSupreme Court of the United States · 1985
  4. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  5. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978

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3Cited by21 opinions

  1. Osterneck v. Ernst & WhinneySupreme Court of the United States · 1989
  2. Meral Smith v. Melvin H. EvansCourt of Appeals for the Third Circuit · 1988
  3. Mr. Jesse Pinion, Mrs. Jesse Pinion, Maurice Daffron, Shirley Daffron v. Dow Chemical, U.S.A.Court of Appeals for the Eleventh Circuit · 1991
  4. Kenny Davis v. Lt. James Locke and Lt. GemelliCourt of Appeals for the Eleventh Circuit · 1991
  5. Estate of Pidcock v. Sunnyland America, Inc.District Court, S.D. Georgia · 1989

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