UNITED STATES

v.

MISSOURI PACIFIC RAILROAD CO.

Citator

Cited By (26 total)

• Randall v. Loftsgaarden, 478 U.S. 647 (U.S. 1986)
  …ffs from electing rescission, or a rescissory measure of damages, where they delayed tender or suit in order to increase their expected recovery should the market decline. See, e. g., Baumel v. Rosen, 412 F. 2d 571, 574-575 (CA4 1969), cert. denied, 396 U. S. 1037 (1970); Loss, at 1133, n. 127; Thompson, at 369-370. A similar rule may well be appropriate where plaintiffs delay tender or suit in order to obtain additional tax benefits, although we need not so decide today. We also have no occasion in this cas…
• Gustave Gerstle v. Gamble-Skogmo, Inc., 478 F.2d 1281 (2d Cir. 1973)
  …re the purchaser resells within a short time, and that in a proper ease a court could award a plaintiff the unrealized appreciation of securities obtained through fraud, see, e.g., Baumel v. Rosen, 412 F. 2d 571, 575-576 (4 Cir. 1969), cert. denied, 396 U.S. 1037, 90 S.Ct. 681, 24 L.Ed.2d 681 (1970), notwithstanding Skogmo’s suggestion that this would somehow contravene the mandate of Mills that “damages should be recoverable only to the extent that they can be shown.” As Justice Harlan had earlier said, 396…
• Rochez Bros., Inc. v. Rhoades, 491 F.2d 402 (3d Cir. 1973)
  …line (the eventual purchaser) did not begin until mid-April 1968. In support of this limitation on the Janigan “benefit of the bargain” rule of damages, Rhoades relies on the decision in Baumel v. Rosen, 412 F. 2d 571 (4th Cir. 1969), cert. denied, 396 U.S. 1037, 90 S.Ct. 681, 24 L.Ed.2d 681 (1970). In that case, defendants’ purchases of stock from plaintiffs in August 1959 were found to have been procured through affirmative misrepresentations of the financial condition of the company and under non-discl…