LOCAL NO. 332, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, ET AL.
v.
GRAND TRUNK WESTERN RAILROAD CO.

U.S. | 1957-04-22
No. 826
353 U.S. 937 Supreme Court of the United States (1957) Negative Treatment
Cited by 14 cases

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  • …dated in issuing its stock was not a seller and the transaction was not a sale. All that is left is reliance upon statement10 made by the Second Circuit in the course of its decision in Howard v. Furst, 2 Cir., 1956, 238 F. 2d 790, certiorari denied 353 U.S. 937, 77 S.Ct. 814, 1 L.Ed.2d 759. We find it unnecessary and undesirable to undertake any criticism either of that decision or the comments made with respect to a civil action brought as a stockholders’ derivative suit alleging a violation of § 14(a) an…
  • 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,…
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