HOLT ET AL.
v.
ALLEGHANY CORP. ET AL.; AND HOLT ET AL. V. KIRBY ET AL.

U.S. | 1965-06-01
Nos. 1157; No. 1158
381 U.S. 933 Supreme Court of the United States (1965) Positive Treatment
Cited by 8 cases

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  • Romasanta v. United Airlines, Inc., 537 F.2d 915 (7th Cir. 1976)
    …esentation. In a true class action, it is unnecessary for an unnamed class member to intervene as long as his interests are being protected by his class representatives. In Alleghany Corporation v. Kirby, 344 F. 2d 571 (2d Cir. 1965), cert. granted, 381 U.S. 933, 85 S.Ct. 1772, 14 L.Ed.2d 698, cert. dismissed as improvidently granted, 384 U.S. 28, 86 S.Ct. 1250, 16 L.Ed.2d 345 (1966), where the Second Circuit denied a “last-minute” attempt at intervention by shareholders in a derivative suit to set aside a…
  • Kupferman v. Consol. Research & Mfg. Corp., 459 F.2d 1072 (2d Cir. 1972)
    …lation to Consolidated or were under any order to produce all relevant documents. Cf. Alleghany Corp. v. Kirby, 333 F. 2d 327, 341-343 (2 Cir. 1964) (dissenting opinion), aff’d by an equally divided court, 340 F. 2d 311 (2 Cir. 1965), cert. granted, 381 U.S. 933, 85 S. Ct. 1772, 14 L.Ed.2d 698, dismissed as improvidently granted, 384 U.S. 28, 86 S.Ct. 1250, 16 L.Ed.2d 335 (1966). Although Judge Frank said in Phelan v. Middle States Oil Corp., 154 F. 2d 978, 991-992 (2 Cir. 1946), that a receiver “is a tru…
  • Wolf v. Barkes, 348 F.2d 994 (2d Cir. 1965)
    …could be the target of derivative suit; the provision was not enacted. See Note, supra note 2, 54 Harv.L.Rev. at 835-36. Compare Alleghany Corp. v. Kirby, 333 F. 2d 327, 347 (2 Cir. 1964) (dissenting opinion), cert. granted, Holt v. Alleghany Corp., 381 U.S. 933, 85 S.Ct. 1772, 14 L.Ed.2d 698 (1965) . We gather from the extracts from the 1965 proxy statement quoted in appellant’s reply brief that “settlements” have been made with three former directors, Culligan, Blair and Kantor. Blair and Kantor had left…

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