Legal Opinion

Morgan v. Robertson

Court of Appeals of Arkansas

Decided December 17, 1980No. CA 80-308PublishedCited by 9 opinions

1Opinion of the Court

Steele Hays, Judge.

This is an interlocutory appeal from an order striking the Elna M. Smith Foundation, Inc., as a party plaintiff in a derivative action under Rule 23.1 (ARCP). Appellant filed suit as an officer, director, and member, on behalf of the Foundation and its members, against other directors, alleging a multitude of acts of misfeasance and nonfeasance in violation of the By-Laws and Articles and against the interests of the Foundation, essentially intra vires in character.

The defendants denied the allegations, asserted that appellant was no longer a member, officer and director,…

2Cases cited18 opinions

  1. Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
  2. Ross v. BernhardSupreme Court of the United States · 1969
  3. Porter v. SabinSupreme Court of the United States · 1893
  4. Cannon v. US Acoustics CorporationDistrict Court, N.D. Illinois · 1975
  5. David B. KUSNER, Appellant, v. FIRST PENNSYLVANIA CORPORATION Et Al.Court of Appeals for the First Circuit · 1976

13 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Brandon v. Brandon Construction Co.Supreme Court of Arkansas · 1989
  2. Board of Directors v. Board of TrusteesDistrict of Columbia Court of Appeals · 2002
  3. Sobba Ex Rel. Sobel Inc. v. ElmenDistrict Court, E.D. Arkansas · 2006
  4. Powhatan Cemetery, Inc. v. ColbertCourt of Appeals of Arkansas · 2009
  5. Walker v. HydeSupreme Court of Arkansas · 1990

4 more not listed; retrieve them via the Exa API.

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