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Rauchman v. Mobil Corp
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
On October 31, 1980 Respondent appointed a Saudi Arabian citizen, Suliman S. Olayan, to its Board of Directors. Shortly thereafter Petitioner, who owns 64 voting shares of Mobil stock, submitted a proposed amendment to Mobil’s bylaws for inclusion in Mobil’s proxy statement for the 1982 annual meeting. The proposed amendment would prevent a citizen of an OPEC country from sitting on Respondent’s board of directors. Respondent wrote to the SEC staff requesting that they recommend to the Commission that no action be taken if Respondent were not to include Petitioner’s proposal in the proxy statement. The SEC staff agreed. The staff noted that in its view, the proposal called into question the qualifications of Olayan for reelection and thus was an effort to oppose management’s solicitation on behalf of his reelection. Following the staff’s decision, Petitioner brought suit to force Respondent to include the proposal in its proxy statement. The District Court granted Mobil’s moti on for summary judgment.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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