Legal Opinion
Sweet v. Bermingham
District Court, S.D. New York
Decided January 23, 1975No. 73 Civ. 5161 (JMC)PublishedCited by 32 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
CANNELLA, District Judge:
On the instant motion, which is made pursuant to Rules 23.1 and 56 of the Federal Rules of Civil Procedure, the defendants seek the entry of an order dismissing this derivative action (which alleges violations of the Investment Company Act of 1940) upon the ground that “the plaintiff does not fairly and adequately represent the interests of the [other] shareholders” in enforcing the rights of Columbia Ventures, Inc. For reasons hereinafter stated, the motion is denied in all respects.
Fed.R.Civ.P. 23.1 provides in pertinent part that a
derivative…
2Cases cited20 opinions
- City of Detroit v. Grinnell Corporation, Manhattan-Ward, Incorporated v. Grinnell Corporation, 1225 Vine Street Building, Inc. v. Grinnell CorporationCourt of Appeals for the Second Circuit · 1974
- Ross v. BernhardSupreme Court of the United States · 1969
- Eisen v. Carlisle & JacquelinCourt of Appeals for the Second Circuit · 1968
- Smith v. SperlingSupreme Court of the United States · 1957
- Surowitz v. Hilton Hotels Corp.Supreme Court of the United States · 1966
15 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Fed. Sec. L. Rep. P 96,173 Michael Susman v. Lincoln American Corp., Ann Flamm and Arnold Flamm v. Rudolph Eberstadt, Jr. And Microdot, Inc.Court of Appeals for the Seventh Circuit · 1977
- Fed. Sec. L. Rep. P 96,038 Randolph Phillips v. John E. Tobin, Ralph K. Gottshall, and Alleghany CorporationCourt of Appeals for the Second Circuit · 1976
- Daventree Ltd. v. Republic of AzerbaijanDistrict Court, S.D. New York · 2004
- Davis v. Comed, Inc.Court of Appeals for the Sixth Circuit · 1980
- Dubowski v. AshDistrict Court, S.D. New York · 1985
27 more not listed; retrieve them via the Exa API.