Walter UNTERMEYER, Jr., Plaintiff, Appellant,
v.
FIDELITY DAILY INCOME TRUST et al., Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued June 6, 1978.
Decided August 2, 1978.
Attorney(s) appearing for the Case
Sidney B. Silverman, New York City, with whom Silverman & Harnes, New York City, Robert J. Sherer, and Roche, Carens & DeGiacomo, Boston, Mass., were on brief, for plaintiff, appellant.
Arthur L. Liman, New York City, with whom Ronald W. Meister, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, James S. Dittmar, Carol Goodman, Jeffrey C. Bates, and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for defendants, appellees Edward C. Johnson, 3rd, Caleb Loring, Jr., and Fidelity Management & Research Co.
Sumner H. Babcock, Boston, Mass., with whom E. Susan Garsh, and Bingham, Dana & Gould, Boston, Mass., were on brief, for defendants, appellees McKenzie and Spaulding.
Peter M. Saparoff, Boston, Mass., with whom Gaston, Snow & Ely Bartlett, Boston, Mass., was on brief, for defendant, appellee Fidelity Daily Income Trust.
Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.
United States Court of Appeals, First Circuit.
ALDRICH, Senior Circuit Judge.
After an inconclusive start, see Untermeyer v. Fidelity Daily Income Trust, 1 Cir., 1977, 564 F.2d 615, where we found we lacked jurisdiction, we now face squarely the district court's ruling that plaintiff, a minority shareholder of a mutual fund, had not alleged an adequate excuse for failure to make a demand upon the trustees of the fund before instituting this derivative action. Bringing suit...
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