Fed. Sec. L. Rep. P 96,517 Walter Untermeyer, Jr. v. Fidelity Daily Income Trust (1978)
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· 27 citation events
across 12 courts.
Showing the 13 strongest citers on record
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Stanley M. Grossman v. Edward C. Johnson, 3rd (1982)
Of the eight Fund director-defendants, only three were affiliated with FMR; five were unaffiliated and “disinterested.” 16 As the court said in Untermeyer v. Fidelity Daily Income Trust, 580 F.2d 22, 23 (1st Cir. 1978), and In re Kauffman Mutual Fund Actions, 479 F.2d 257, 264 (1st *124 Cir.), cert. denied, 414 U.S. 857 , 94 S.Ct. 161 , 38 L.Ed.2d 107 (1973), a majority of disinterested directors negatives general allegations of control-by-the-adviser, comparable to those pl…
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Unión De Empleados De Muelles De Puerto Rico PRSSA Welfare Plan v. UBS Financial Services Inc. (2013)
Daily Income Trust, 580 F.2d 22, 23 (1st Cir.1978) (same).
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Garber v. Lego (1993)
This Court held that: 48 [c]ourts will excuse the derivative plaintiff from the demand requirement when his complaint alleges that a majority of the directors have participated in the underlying wrongdoing or that the board is controlled by the alleged wrongdoers. 49 671 F.2d at 784 (construing Untermeyer v. Fidelity Daily Income Trust, 580 F.2d 22, 23 (1st Cir.1978); Cathedral Estates v. Taft Realty Corp., 228 F.2d 85, 88 (2d Cir.1955)).
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Garber v. Lego (1993)
This Court held that: [c]ourts will excuse the derivative plaintiff from the demand requirement when his complaint alleges that a majority of the directors have participated in the underlying wrongdoing or that the board is controlled by the alleged wrongdoers. 671 F.2d at 784 (construing Untermeyer v. Fidelity Daily Income Trust, 580 F.2d 22, 23 (1st Cir.1978); Cathedral Estates v. Taft Realty Corp., 228 F.2d 85, 88 (2d Cir.1955)).
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Behradrezaee v. Dashtara (2006)
D.C. at 159, 863 F.2d at 65 (citing Untermeyer v. Fidelity Daily Income Trust, 580 F.2d 22, 23-24 (1st Cir.1978)).
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Seidel v. Public Service Co. of New Hampshire (1985)
Untermeyer v. Fidelity Daily Income Trust, 580 F.2d 22, 23 (1st Cir. 1978).
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Lewis v. Curtis (1982)
See Untermeyer v. Fidelity Daily Income Trust, 580 F.2d 22, 23 (1st Cir. 1978); Cathedral Estates v. Taft Realty Corp., 228 F.2d 85, 88 (2d Cir. 1955).
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Lewis v. Curtis (1982)
See Untermeyer v. Fidelity Daily Income Trust, 580 F.2d 22, 23 (1st Cir. 1978); Cathedral Estates v. Taft Realty Corp., 228 F.2d 85, 88 (2d Cir. 1953).
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David B. Shaev v. Lawrence Saper Alan B. Abramson David Altschiller Joseph Grayzel, M.D. George Heller Arno N… (2003)
Allright Missouri, Inc. v. Billeter, 829 F.2d 631, 639 (8th Cir.1987); accord Untermeyer v. Fidelity Daily Income Trust, 580 F.2d 22, 23-24 (1st Cir.1978).
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Shaev v. Saper (2003)
Allright Missouri, Inc. v. Billeter, 829 F.2d 631, 639 (8th Cir. 1987); accord Untermeyer v. Fidelity Daily Income Trust, 580 F.2d 22, 23-24 (1st Cir. 1978).
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Thomas M. Gaubert v. Federal Home Loan Bank Board (1988)
See Untermeyer v. Fidelity Daily Income Trust, 580 F.2d 22, 23-24 (1st Cir.1978).
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In Re Midlantic Corp. Shareholder Litigation (1990)
See Untermeyer v. Fidelity Daily Income Trust, 580 F.2d 22, 23 (1st Cir.1978); Cathedral Estates v. Taft Realty Corp., 228 F.2d 85, 88 (2d Cir.1955).
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Clark Enterprises, Inc. v. Holywell Corp. (1983)
See Untermeyer v. Fidelity Daily Income Trust, 580 F.2d 22, 23 (1st Cir.1978); Liboff v. Wolfson, 437 F.2d 121 (5th Cir.1971); Cathedral Estates v. Taft Realty Corp., 228 F.2d 85, 88 (2nd Cir.1953). 2 Some courts have also considered it significant that the directors had denied plaintiff access to the corporate books.