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STAHL v. GIBRALTAR FINANCIAL CORP.

No. 89-55943.

967 F.2d 335 (1992)

Myron R. STAHL, Plaintiff-Appellant, v. GIBRALTAR FINANCIAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 18, 1992.

Attorney(s) appearing for the Case

Robert H. Bretz, P.C., Marina Del Rey, Cal., for plaintiff-appellant.

Martin C. Washton, Rory M. Hernandez, and Sheila R. Caudle, Gibson, Dunn & Crutcher, Los Angeles, Cal., for defendant-appellee.

Before: CANBY, KOZINSKI and FERNANDEZ, Circuit Judges.

KOZINSKI, Circuit Judge.

We consider whether a shareholder who receives false or misleading proxy statements must actually have cast his vote in reliance on them as a condition for bringing suit under section 14(a) of the Securities Exchange Act of 1934 and SEC Rule 14a-9.

Facts

Myron Stahl owned stock in Gibraltar Financial Corporation; he received an invitation to the company's 1987 annual meeting together with a proxy statement soliciting votes...

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