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EDWARDS v. SEQUOIA FUND, INC.

Docket No. 18-3467-cv.

938 F.3d 8 (2019)

Thomas EDWARDS and Michael Fortune, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. SEQUOIA FUND, INC., A Maryland Corporation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 9, 2019.

Attorney(s) appearing for the Case

Felicia S. Ennis ( Alan M. Pollack , on the brief), Robinson Brog Leinwand Greene Genovese & Gluck, P.C., New York, New York, and Raymond Farrow and Mark A. Griffin , Keller Rohrback L.L.P., Seattle, Washington, on the brief, for Plaintiffs-Appellants.

Robert A. Skinner ( Amy D. Roy and Lee S. Gayer , on the brief), Ropes & Gray LLP, Boston, Massachusetts, and New York, New York, for Defendant-Appellee.

Before: Leval, Pooler, and Chin, Circuit Judges.

Defendant-appellee Sequoia Fund, Inc. (the "Fund"), a mutual fund, adopted an investment policy that it may not concentrate its assets, as concentration is defined in the Investment Company Act of 1940 (the "1940 Act"), 15 U.S.C. §§ 80a-1 et seq., and attendant regulations and guidance. In 1998, the Securities...

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