MELTZER v. ATLANTIC RESEARCH CORPORATION

No. 9201.

330 F.2d 946 (1964)

Samuel MELTZER, Appellant, v. ATLANTIC RESEARCH CORPORATION et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 9, 1964.


Attorney(s) appearing for the Case

Sidney B. Silverman, New York City (Ewell G. Moore, Jr., and Rutherford Day, Washington, D. C., and Rosenfeld & Silverman, New York City, on brief), for appellant.

Armistead L. Boothe, Alexandria, Va. (James W. Crowley and Ira P. Barsky, Alexandria, Va., Louis Koutoulakos, Arlington, Va., John A. Beck, Charles S. Rhyne, Thomas P. Brown, III, Ganson Purcell, E. Ladd Thurston and Courts Oulahan, Washington, D. C., on brief), for appellees.

Before BRYAN and BELL, Circuit Judges, and MICHIE, District Judge.


ALBERT V. BRYAN, Circuit Judge.

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...

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