VANDERVEER

v.

ERIE MALLEABLE IRON CO.

Citator

Cited By

• Ruckle v. Roto Am. Corp., 339 F.2d 24 (2d Cir. 1964)
  …ould have to part company with such purists.” Nor are Birnbaum v. Newport Steel Corp., 2 Cir., 1952, 193 F. 2d 461, cert, denied, 343 U.S. 956, 72 S.Ct. 1051, 96 L.Ed. 1356, or Howard v. Furst, 2 Cir., [*28] 1956, 238 F. 2d 790, cert, denied, 1957, 353 U.S. 937, 77 S.Ct. 814, 1 L.Ed.2d 759, contrary to this proposition. Birnbaum was a derivative suit on behalf of one corporation against a person who controlled that corporation until he sold his shares to another corporation which had not been deceived. Th…
• Brown v. Bullock, 294 F.2d 415 (2d Cir. 1961)
  …asserted by appellees and found in their favor by him,' — at least one of which, that based on the allegedly false or misleading proxy statements, bristles with difficulties, see Howard v. Furst, 2 Cir., 1956, 238 F. 2d 790, certiorari denied 1957, 353 U.S. 937, 77 S.Ct. 814, 1 L.Ed.2d 759; Dann v. Studebaker-Packard Corp., 6 Cir., 1961, 288 F. 2d 201, and had better be resolved, should resolution be required, with the fuller development of the facts that will come from a trial. (1) Section 37 of the Act,…

  ← 1 / 2 →
• Sol A. Dann v. Studebaker-Packard Corp., 288 F.2d 201 (6th Cir. 1961)
  …be granted under federal law? What is the fundamental nature of the federal “right” created by Section 14(a) ? At the outset, we are faced with a decision by the Second Circuit in Howard v. Furst, 2 Cir., 1956, 238 F. 2d 790, certiorari denied 1957, 353 U.S. 937, 77 S.Ct. 814, 1 L.Ed.2d 759, which indicated that even if Section 14(a) does create a right of action on behalf of the private investor, it does not create a right of action on behalf of the corporation which a stockholder can assert derivatively.3…

  ← 1 / 2 →