PALMER v. MORRIS

No. 19831.

316 F.2d 649 (1963)

James Frank PALMER, Appellant, v. Morris B. MORRIS et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 27, 1963.


Attorney(s) appearing for the Case

William W. Halper, Miami Beach, Fla., Martin Horwitz, New York City, of counsel, for appellant.

Jerome G. Greene, Don G. Nicholson, Bert Sager, Miami, Fla., Marwin S. Cassel, Miami Beach, Fla., and Nicholson, Howard & Brawner, Miami, Fla., for defendants-appellees.

Before TUTTLE, Chief Judge, and JONES and GEWIN, Circuit Judges.


TUTTLE, Chief Judge.

This is an appeal from an order of the trial court dismissing this derivative action brought by the appellant against the Arnold Altex Aluminum Company and its directors, an action that was set out in the trial court in a Supplemental Amended Complaint consisting of fourteen counts.

The action was concededly covered by Rule 23(b) Federal Rules of Civil Procedure, since it is a secondary action brought by shareholders based on the refusal...

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