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LIBOFF v. WOLFSON

No. 29872.

437 F.2d 121 (1971)

Charles P. LIBOFF, Plaintiff-Appellant-Cross-Appellee, v. Louis E. WOLFSON et al., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

January 4, 1971.

Attorney(s) appearing for the Case

Raymond Ehrlich, Jacksonville, Fla., Bennett Frankel, New York City, for plaintiff-appellant.

William H. Maness, Joseph M. Gilckstein, Jr., Wade L. Hopping, Jacksonville, Fla., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and GODBOLD, Circuit Judges.

PER CURIAM:

The trial court dismissed plaintiff's complaint in a derivative action on the ground that the complaint failed to comply with Rule 23.1 of the Federal Rules of Procedure. This Rule requires:

"* * * The complaint shall also allege with particularity the efforts, if any, made by the plaintiff to obtain the action he desires from the directors or comparable authority and, if necessary, from the shareholders...

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