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G. A. ENTERPRISES, INC. v. LEISURE LIVING COMMUN., INC.

No. 75-1003.

517 F.2d 24 (1975)

G. A. ENTERPRISES, INC., Plaintiff-Appellant, v. LEISURE LIVING COMMUNITIES, INC., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided May 27, 1975.

Attorney(s) appearing for the Case

Jerome E. Rosen, Boston, Mass., with whom Lappin, Rosen, Goldbert, Slavet, Levenson & Wekstein, Boston, Mass., was on brief, for plaintiff-appellant.

John C. Wyman, Boston, Mass., with whom Peter M. Lauriat and Herrick, Smith, Donald, Farley & Ketchum, Boston, Mass., were on brief, for Leisure Living Communities, Inc., defendant-appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

G. A. Enterprises, Inc. ("GA"), plaintiff in a stockholder derivative action, appeals from a judgment of the district court allowing a motion to dismiss filed by Leisure Living Communities, Inc., the company for whose alleged benefit it had brought the derivative action.1 The court held that GA could not, as Fed.R. Civ.P. 23.1 requires, "fairly and adequately represent the interests of the shareholders...

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