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Shaffer v. Heitner

433 U.S. 186 (1977)

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Shaffer v. Heitner

United States Supreme Court

433 U.S. 186 (1977)

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Facts

Heitner (plaintiff) brought a shareholder derivative suit in Delaware against the Greyhound Corporation, incorporated in Delaware, represented by Shaffer, alleging acts that took place in Oregon. Heitner also filed a motion for an order of sequestration of shares of Greyhound stock owned by the individual defendants named in the complaint, who move to vacate the sequestration order on the grounds that the ex parte sequestration violated their due process rights and that the property seized was not capable of attachment in Delaware. The court rejected this challenge on the ground that the suit was brought as a quasi in rem proceeding, which is traditionally based on seizure of property present in the jurisdiction rather than contacts between the defendant and the state.

Rule of Law

Issue

Holding and Reasoning (Marshall, J.)

Concurrence (Stevens, J.)

Concurrence (Powell, J.)

Concurrence/Dissent (Brennan, J.)

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