Studebaker Corp. v. Gittlin
Second Circuit Court of Appeals
360 F.2d 692 (1966)
Richard Gittlin (defendant) began proceedings in the Supreme Court of New York to inspect the record of shareholders of Studebaker Corporation (plaintiff). Gittlin asserted that he owned 5,000 shares of Studebaker stock and was acting on the written authorization of 42 other stockholders owning 5 percent of Studebaker’s stock. Gittlin also stated that he and the other stockholders had attempted to have management make changes to the board of directors, and intended to solicit proxies for the annual meeting, and that when talks with management broke down Gittlin requested but was refused access to the company’s stockholder list. Studebaker brought an action against Gittlin in the District Court for the Southern District of New York, claiming that Gittlin obtained the authorizations from the 42 stockholders in violation of the proxy rules of section 14(a) of the Securities Exchange Act, by failing to file proxy material with the Securities and Exchange Commission (SEC). The district court issued an order enjoining Gittlin from using the stockholders’ authorizations in the Supreme Court of New York proceeding until he complied with the proxy rules of section 14(a) of the Securities Exchange Act. Gittlin now appeals.
Rule of Law
Holding and Reasoning (Friendly, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.