Opinion · Supreme Court of the United States
Bank of America National Trust & Savings Ass'n v. United States
Bank of Am. Nat’l Tr. & Sav. Ass'n v. United States, 404 U.S. 939 (1971)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1971-11-09
- Topic
- general
How later courts describe this case
- single director or shareholder can bring action on behalf of corporation without making demand on the board of directors to do so when futile to make such demand
- subdivider with a contract to develop property owned by a third party has a sufficient property interest where property "taken" by government is adjacent to the third party's property
- “The burden of proof, i.e., the risk of non-persuasion, never shifts from the party on whom it is placed. The burden of going forward with the evidence may shift during the course of trial”
Citator
UpLaw has not yet analyzed Bank of America National Trust & Savings Ass'n v. United States. The absence of a flag is not a finding that it is good law.
- Cited by
- 86 opinions
Ct. Cl. Certiorari denied.