LUCKING v. DELANO

No. 9049.

129 F.2d 283 (1942)

LUCKING et al. v. DELANO, Comptroller of Currency, et al.

Circuit Court of Appeals, Sixth Circuit.

June 6, 1942.


Attorney(s) appearing for the Case

Lucking, VanAuken & Sprague, of Detroit, Mich., for appellants.

Frank E. Wood, of Cincinnati, Ohio (Robert S. Marx, of Cincinnati, Ohio, Carl Runge and Frank Wiseman, both of Detroit, Mich., and Nichols, Wood, Marx & Ginter, of Cincinnati, Ohio, on the brief), for appellee Schram and another.

Harry C. Bulkley, William B. Cudlip, T. Donald Wade, Ellis B. Merry, and Bulkley, Dickinson, Wright & Davis, all of Detroit, Mich., on the brief, for appellee National Bank of Detroit.

Henry M. Hogan and A. F. Power, both of New York City, and R. O. Thomas, of Detroit, Mich., on the brief, for appellee General Motors Corporation.

Before HICKS, ALLEN, and MARTIN, Circuit Judges.


ALLEN, Circuit Judge.

In a previous opinion which considered a similar complaint filed by the present appellants, this court affirmed an order of dismissal on the ground that appellants were without capacity to maintain a class action on behalf of the stockholders or creditors of the national bank involved. We held that appellants had failed to meet the requirement of exhausting "every remedy within the corporation before...

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