Schwartz v. The Olympic, Inc., Civil Action No. 1083.
| Decision Date | 22 December 1947 |
| Docket Number | Civil Action No. 1083. |
| Parties | SCHWARTZ v. THE OLYMPIC, Inc., et al. |
| Court | U.S. District Court — District of Delaware |
Meyer Abrams, of Shulman, Shulman & Abrams, all of Chicago, Ill., and Harold B. Howard, of Wilmington, Del., for plaintiff.
Clair John Killoran and John Van Brunt, Jr., of Killoran & Van Brunt, all of Wilmington, Del., for defendants.
This is a diversity case where plaintiff seeks to set aside a merger of two Delaware companies. Delaware law controls. Plaintiff is the alleged owner of unregistered shares. Under Delaware law, an unregistered stockholder cannot attack a merger. Salt Dome Oil Corporation v. Schenck, Del., 41 A.2d 583, 158 A.L.R. 975; Application of General Realty & Utilities Corporation, Del.Ch., 42 A.2d 24.
Plaintiff also seeks to amend his complaint to bring in other parties plaintiff. If he cannot maintain his own complaint, he has no right to amend it. The complaint should be dismissed.
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Rosenfeld v. Schwitzer Corporation
...from the operation of the business by management and transactions between a corporation and its shareholders. Schwartz v. The Olympic, Inc., 74 F.Supp. 800 (D.Del. 1947); Salt Dome Oil Corp. v. Schenck, 28 Del.Ch. 433, 41 A.2d 583, 158 A.L.R. 975 (1945); In re Northeastern Water Co., 28 Del......
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Mathews v. Kidder, Peabody & Co., Inc.
...p. 7. The Defendants also cite to Turner v. First Wisconsin Mortgage Trust, 454 F.Supp. 899, 913 (E.D.Wis.1978); Schwartz v. The Olympic, Inc., 74 F.Supp. 800, 801 (D.Del.1947) and O'Donnell v. Kusper, 602 F.Supp. 619, 624 (N.D.Ill.1985) for the proposition that "[o]ther courts have held th......
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Summit Office Park, Inc. v. U.S. Steel Corp.
...the complaint is dismissed as to the original party." Id. at 913. The court in Turner cited a similar holding in Schwartz v. The Olympic, Inc., 74 F.Supp. 800 (D.C.Del.1947). There, the plaintiff lacked standing to maintain an action to set aside a merger since he was an unregistered stockh......
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Turner v. First Wisconsin Mortg. Trust
...parties who will thereafter remain as parties when the complaint is dismissed as to the original plaintiff. See Schwartz v. The Olympic, Inc., 74 F.Supp. 800 (D.C.Del. 1947). 5. Plaintiff's Motion for a Protective Order, Filed March 22, In view of the disposition of the other pending motion......