WATTS v. VANDERBILT

No. 169.

45 F.2d 968 (1930)

WATTS et al. v. VANDERBILT.

Circuit Court of Appeals, Second Circuit.

December 15, 1930.


Attorney(s) appearing for the Case

Isidor Unger, of New York City, for appellants.

Leo Levy, of New York City (Merritt Lane and David Stoffer, both of Newark, N. J., of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


SWAN, Circuit Judge (after stating the facts as above).

Equity Rule 27 (28 USCA § 723) requires a shareholder's representative suit to set forth with particularity "the efforts of the plaintiff to secure such action as he desires on the part of the managing directors or trustees, and, if necessary, of the shareholders, and the causes of his failure to obtain such action, or the reasons for not making such effort." The bill is silent as to any efforts by the plaintiffs...

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