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Meltzer v. Atlantic Research Corp.

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eBook details

  • Title: Meltzer v. Atlantic Research Corp.
  • Author : United States Court of Appeals
  • Release Date : January 09, 1964
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

This derivative suit by shareholder Samuel Meltzer against the Atlantic Research Corporation and its then five directors was dismissed by the District Court on the ground that the plaintiff had failed first to demand of the directors "such action as he desires" of the corporation - that is to sue for recovery of losses it suffered from the alleged misfeasance or nonfeasance of the directors. This exaction of the plaintiff was predicated on Rule 23(b), Fed.R.Civ.P. reading pertinently as follows:


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