Legal Opinion
Cooper v. Central Alloy Steel Corp.
Ohio Court of Appeals
Decided February 5, 1931PublishedCited by 15 opinions
1Opinion of the CourtSherick, J.
This claim of the Republic Corporation is undoubtedly sound law, but to our notion, in view of the facts of this case, the rule cannot work a dismissal of this action. The facts that Central Alloy. has legally died since the filing of the, second amended petition, that no demand was made upon Republic Steel to bring this suit, which it arbitrarily refused to do, and that the plaintiff is not a Republic stockholder, cannot abate this suit.
Republic draws our attention to §8623-65, GO, with the remark that its acquisition of Central Alloy was not a consolidation or merger, but was an outright…
2Cases cited3 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Pollitz v. . GouldNew York Court of Appeals · 1911
- Marcy v. Guanajuato Development Co.District Court, D. New Jersey · 1915
3Cited by15 opinions
- In Re General Tire And Rubber Company Securities LitigationCourt of Appeals for the Sixth Circuit · 1984
- Galef v. AlexanderCourt of Appeals for the Second Circuit · 1980
- In Re Cuyahoga Finance Co.Court of Appeals for the Sixth Circuit · 1943
- Galef v. AlexanderCourt of Appeals for the Second Circuit · 1980
- In Re Keithley Instruments, Inc., Derivative LitigationDistrict Court, N.D. Ohio · 2009
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