LEWIS v. McADAM

No. 84-5652.

762 F.2d 800 (1985)

Harry LEWIS, Plaintiff-Appellant, v. William H. McADAM, Sears, Roebuck and Co., and Sears Development Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 6, 1985.


Attorney(s) appearing for the Case

Jack Corinblit, Corinblit, Shapero & Seltzer, Los Angeles, Cal., for plaintiff-appellant.

John W. Stamper, O'Melveny & Myers, Los Angeles, Cal., for defendants-appellees.

Before KENNEDY and ALARCON, Circuit Judges, and SOLOMON, District Judge.


OPINION

PER CURIAM:

The appeal before us raises two questions we have not previously addressed: first, whether an issuer corporation's cause of action against one of its directors survives after the corporation is extinguished by merger; and second, whether an individual who did not own stock in the issuer or in the surviving corporation, but who is a shareholder of the parent of the surviving corporation, has standing to initiate an action under section...

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