Legal Opinion
Seigal v. Merrick
District Court, S.D. New York
Decided March 11, 1976No. 74 Civ. 2475, 74 Civ. 2630PublishedCited by 3 opinions
1Opinion of the Court
OPINION ON MOTION TO DISMISS AND FOR OTHER RELIEF
MOTLEY, District Judge.
Defendants have moved to dismiss the complaints in these shareholders’ derivative actions on the ground that 1) they fail to state a claim under the Securities Exchange Act of 1934, and 2) they fail to plead the circumstances constituting the alleged fraud with particularity. Rules 12(b)(6), 9(b), Fed.R.Civ.P.
Alternatively, defendants seek a consolidation and stay of these actions pending the outcome of several derivative actions filed in the Supreme Court of New York County and the Chancery Court of Delaware, New Castle…
2Cases cited12 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
- Donald W. Buttrey, Trustee in Bankruptcy for Dobich Securities Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Seventh Circuit · 1969
- Brennan v. Midwestern United Life Insurance CompanyDistrict Court, N.D. Indiana · 1966
- Oil & Gas Ventures-First 1958 Fund, Ltd. v. KungDistrict Court, S.D. New York · 1966
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3Cited by3 opinions
- Crowthers McCall Pattern, Inc. v. LewisDistrict Court, S.D. New York · 1991
- Maldonado v. FlynnDistrict Court, S.D. New York · 1979
- Rosengarten v. BuckleyDistrict Court, D. Maryland · 1982