QUIRKE

v.

ST. LOUIS-SAN FRANCISCO RAILWAY CO. ET AL.

Citator

Cited By (11 total)

• Local NO. 627, Int'l Union OF Operating Eng'rs, AFL-CIO v. Nat'l Labor Relations Bd., 518 F.2d 1040 (D.C. Cir. 1975)
  …le employer” principle to apply.15 What is necessary is a showing of a reasonable likelihood of such occurrences. See Local 1912, International Association of Machinists v. United States Potash Co., 270 F. 2d 496, 498 (10th Cir. 1959), cert. denied, 363 U.S. 845, 80 S.Ct. 1609, 4 L.Ed.2d 1728 (1960). Commencing the day after South Prairie filed to do business in Oklahoma on November 23, 1971, and running to July 23, 1972, Kiewit submitted no bids for Oklahoma State Highway Department jobs; whereas between…
• Stadin v. Union Elec. Co., 309 F.2d 912 (8th Cir. 1962)
  …s set forth with particularity his efforts to secure corporate action and the reasons for his failure so to obtain such action or for not making such effort. See Quirke v. St. Louis-San Francisco Ry., 8 Cir., 1960, 277 F. 2d 705, 707-708, cert. den. 363 U.S. 845, 80 S.Ct. 1615, 4 L.Ed.2d 1728, and 13 Fletcher, Private Corporations (1961 Revision) §§ 5970, 6008. A fifth condition, which Stadin in his brief concedes still to be “the sine qua non of the stockholder’s derivative right to sue”, is that managemen…
• In re Livingston v. John Wiley & Sons, Inc., 313 F.2d 52 (2d Cir. 1963)
  …n such a ruling by implication in the fact, adverted to by Wiley, that one week after deciding the Steelworkers cases the Court denied certiorari in Brass & Copper Workers, etc. v. American Brass Co., 7 Cir., 1959, 272 F. 2d 849, cert. denied, 1960, 363 U.S. 845, 80 S.Ct. 1609, 4 L.Ed.2d 1728, a case in which the Seventh Circuit had held that the question is for the court. So far as other authority is concerned, this Circuit has never spoken clearly on the issue, and there appears to be a difference of opin…

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