Frank ROSS, Appellant,
v.
F. E. STANLEY et al., Appellees.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
June 1, 1965.
Rehearing Denied July 13, 1965.
Attorney(s) appearing for the Case
Wm. E. Haudek, New York City, Charles Jay Hardee, Jr., Tampa, Fla., William E. Sherman, DeLand, Fla., for appellant. Pomerantz, Levy, Haudek & Block, New York City, Hardee, Ott & Hamilton, Tampa, Fla., of counsel.
M. W. Wells, Maguire, Voorhis & Wells, Orlando, Fla., for appellees, F. E. Stanley, W. J. Bowen, Harold A. Martin, and O. Paul Herzig.
David W. Hedrick, of Giles, Hedrick & Robinson, Orlando, Fla., for appellees, Midwestern Constructors, Inc., Walco Engineering & Construction Co., Midwestern-Walco Contractors.
John Bingham, William J. Ward, Birmingham, Ala., for appellee, Harbert Construction Corp. Martin, Balch, Bingham & Hawthorne, Birmingham, Ala., of counsel.
F. L. Andrews, Andrews, Kurth, Campbell & Jones, Harry R. Jones, Jr., Houston, Tex., R. Y. Patterson, Jr., Winter Park, Fla., for defendants, Florida Gas Co. and Florida Gas Transmission Co.
J. Compton French, Daytona Beach, Fla., Erskine W. Landis, William E. Sherman, of Hull, Landis, Graham & French, DeLand, Fla., for appellee, Barnard and Burk Pipeline Engineering, Inc.
Before TUTTLE, Chief Judge, RIVES, Circuit Judge, and SIMPSON, District Judge.
United States Court of Appeals Fifth Circuit.
TUTTLE, Chief Judge:
This is an appeal from an order of the district court dismissing this shareholder's derivative action which the trial court considered to have alleged two separate claims, one for damages and the other for unjust enrichment. The court dismissed the former claim on the ground that it was barred by the Florida three-year statute of limitations1 and it dismissed the latter claim on the ground that it was prematurely in...
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