Opinion

Alexander Kahan, on Behalf of Himself and All Others Similarly Situated v. Lewis Rosenstiel

  • 424 F.2d 161
Court
Court of Appeals for the Third Circuit
Filed
Jun 8, 1970
Status
Published
On the bench
McLaughlin, Freedman, Adams
Cited by
395 cases

holding that amended complaint “state[d] a cause of action which may be the basis for an award of counsel fees”

How later courts described this case

  • holding that amended complaint “state[d] a cause of action which may be the basis for an award of counsel fees”
  • holding the phrase “further relief as may be just” sufficient to encompass injunctive relief where such relief is inherent in the pleadings
  • noting that a putative class members’ rights in a litigation are protected as of the filing date of the complaint
  • minority shareholder, though *333 not purchaser or seller, had standing to seek injunctive relief to stop directors of corporation from misrepresenting and not disclosing material facts in a tender offer because the director’s actions, if continued, would deprive him of more favorable disposition of his shares

Written by the judges who cited it.

The opinion

REHEARING

PER CURIAM.

In the Petition for Rehearing, defendants other than Glen Alden and Riklis ask that the 1969 District Court order be affirmed as to them in view of the statements in the first full paragraph on page 168. We believe that it is a more orderly procedure for the District Court to consider such a contention.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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