Legal Opinion
Lowenschuss v. Kane
Court of Appeals for the Second Circuit
Decided May 27, 1975No. Nos. 497, 498, Dockets 74-2156, 74-2216PublishedCited by 67 opinions
1Opinion of the Court
MANSFIELD, Circuit Judge:
The central issue on this appeal is whether a stockholder who has tendered his shares in response to a tender offer may recover damages from the offeror for failure to consummate the transaction where the failure is attributable to the intervening issuance by the court of a preliminary injunction barring the proposed acquisition. We must also decide whether genuine issues of material fact were presented which precluded summary judgment dismissing the shareholders’ complaint.
Plaintiff Fred Lowenschuss is a shareholder of Great Atlantic & Pacific Tea Co., Inc. (“A & P”)…
2Cases cited33 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Fed. Sec. L. Rep. P 94,853 John Schlick v. Penn-Dixie Cement CorporationCourt of Appeals for the Second Circuit · 1974
- Fed. Sec. L. Rep. P 93,590 David Segal v. Lawrence Gordon, and Coburn Corporation of AmericaCourt of Appeals for the Second Circuit · 1972
28 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Fed. Sec. L. Rep. P 93,060 the Connecticut National Bank v. Fluor Corporation and Fluor Acquisition CorporationCourt of Appeals for the Second Circuit · 1987
- Gilbert v. El Paso Co.Court of Chancery of Delaware · 1984
- Project Release v. PrevostCourt of Appeals for the First Circuit · 1983
- Abramo v. CommissionerUnited States Tax Court · 1982
- Rolf v. Blyth Eastman Dillon & Co., Inc.District Court, S.D. New York · 1977
62 more not listed; retrieve them via the Exa API.