Legal Opinion
Wolgin v. Simon
Court of Appeals for the Eighth Circuit
Decided December 2, 1983No. 82-2522PublishedCited by 103 opinions
1Opinion of the Court
FLOYD R. GIBSON, Senior Circuit Judge.
The appellant appeals from the dismissal of his shareholder’s derivative action, for failure to state a claim upon which relief could be granted, under Fed.R.Civ.P. 12(b)(6). We affirm. D.C., 552 F.Supp. 308.
I
The appellant is a shareholder in Wetter-au Inc., a Missouri corporation. Pursuant to Fed.R.Civ.P. 23.1, the appellant brought a shareholder derivative action alleging that sixteen present or former directors of Wetterau had breached their fiduciary duties and committed illegal acts in the course of fending off a hostile tender offer.1 Wolgin alleged…
2Cases cited28 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Foman v. DavisSupreme Court of the United States · 1962
- Charlotte Fusco and Daniel Boe v. Xerox CorporationCourt of Appeals for the Eighth Circuit · 1982
- Roger Asay v. Hallmark Cards, Inc.Court of Appeals for the Eighth Circuit · 1979
- Buder v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Eighth Circuit · 1981
23 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- Popoalii v. Correctional Medical ServicesCourt of Appeals for the Eighth Circuit · 2008
- Long v. SatzCourt of Appeals for the Eleventh Circuit · 1999
- Park Irmat Drug Corp. v. Express Scripts Holding Co.Court of Appeals for the Eighth Circuit · 2018
- Drobnak v. Andersen Corp.Court of Appeals for the Eighth Circuit · 2009
- Betty Clayton v. White Hall School DistrictCourt of Appeals for the Eighth Circuit · 1985
98 more not listed; retrieve them via the Exa API.