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JACOBS v. ADAMS

No. 77-1319.

601 F.2d 176 (1979)

Irene JACOBS and Gabriel Galef, Plaintiffs-Appellants, v. Joe A. ADAMS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 13, 1979.

Attorney(s) appearing for the Case

Jack G. Hand Jr., Wm. J. Sheppard, Sheppard, Fletcher, Hand & Adams, Jacksonville, Fla., Garwin & Bronzoft, Sidney L. Garwin, New York City, for plaintiffs-appellants.

Bedell, Bedell, Dittmar & Zehmer, Chester Bedell, Peter D. Webster, John A. DeVault, III, Jacksonville, Fla., for defendants-appellees directors.

Beekman & Bogue, Martin P. Unger, New York City, Marks, Gray, Conroy & Gibbs, Delbridge L. Gibbs, Jacksonville, Fla., for Winn-Dixie Stores.

Before BROWN, Chief Judge, and TUTTLE and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

The inquiry in this case is whether the district court properly dismissed this shareholders' derivative suit on the grounds that the plaintiffs-executors lacked capacity to bring the action under Florida law and that the plaintiffs' failure to make a demand on the stockholders to bring the action, or to state the reasons for their failure to make such a demand, is a bar to the derivative suit. We conclude that the suit was erroneously...

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