Schwartz v. the Olympic, Inc.
Cases that cite this one
11 later published cases cite this decision.
- Mathews v. Kidder, Peabody & Co., Inc. (District Court, W.D. Pennsylvania 1996)
- Summit Office Park, Inc. v. United States Steel Corporation (5th Cir. 1981)
- Summit Office Park, Inc. v. United States Steel Corp. (5th Cir. 1981)
- Yorden v. Flaste (United States District Court for the District of Delaware 1974)
- Wang Yan v. Rewalk Robotics Ltd. (District Court, District of Columbia 2019)
- Wang Yan v. ReWalk Robotics Ltd. (District Court, D. Massachusetts 2019)
- Turner v. First Wisconsin Mortgage Trust (District Court, E.D. Wisconsin 1978)
- Rosenfeld v. Schwitzer Corporation (District Court, S.D. New York 1966)
- Watson Et Ux. v. Employers Liability Assur. Corp., Limited (5th Cir. 1953)
- Murdock v. Follansbee Steel Corp. (District Court, W.D. Pennsylvania 1953)
- National Maritime Union of America v. Curran (District Court, S.D. New York 1949)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
SCHWARTZ
v.
THE OLYMPIC, Inc., et al.
District Court, D. Delaware.
*801 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.
LEAHY, District Judge.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.