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SPALITTA v. NATIONAL AMERICAN BANK OF NEW ORLEANS

No. 29622.

444 F.2d 291 (1971)

Frank SPALITTA, as Guardian of the Minors, Karen Elizabeth and Gina Theresa Spalitta, Plaintiff-Appellant, v. NATIONAL AMERICAN BANK OF NEW ORLEANS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 26, 1971.

Attorney(s) appearing for the Case

James J. Morrison, New Orleans, La., Paul C. Tate, Mamou, La., for appellant.

Peter J. Butler, Clem Sehrt, Moise S. Steeg, Jr., Sehrt, Boyle, Wheeler & Butler, New Orleans, La., Steeg & Shushan, New Orleans, La., of counsel, for appellees.

Before CLARK, Associate Justice, and GEWIN and RONEY, Circuit Judges.

CLARK, Associate Justice:

This is an appeal from the decision of the United States District Court for the Eastern District of Louisiana dismissing a stockholders' derivative and class action based on alleged violations of the National Banking Act.1 The appellant filed the suit as guardian of his two minor daughters who owned 25 shares of stock of the National American Bank of New Orleans, La. The appellees are the Bank, as a nominal party...

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