SAX v. WORLD WIDE PRESS, INC.

No. 85-4306.

809 F.2d 610 (1987)

Arnold J. SAX, Plaintiff-Appellant, v. WORLD WIDE PRESS, INC., a Montana corporation; Instant Ticket Factory, Inc., a Montana corporation; Zollie Kelman; Sidney Kelman; Richard C. Pachek; Sheldon C. Masnek; Irving Greenfield; George Robert Crotty, Jr.; and George Campenella, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 5, 1987.


Attorney(s) appearing for the Case

R.P. Ryan, Billings, Mont., for plaintiff-appellant.

Gregory H. Warner, Judith A. Bartram, Margaret M. Joyce Johnson and Richard F. Gallagher, Great Falls, Mont., for defendants-appellees.

Before NELSON, HALL and KOZINSKI, Circuit Judges.


NELSON, Circuit Judge:

Arnold J. Sax appeals the district court's dismissal of his amended complaint in a diversity action. The district court concluded that Sax's claims for damages stated a derivative cause of action under Montana law and that he had failed to comply with Fed.R.Civ.P. 23.1. The district court also dismissed Sax's claim to liquidate World Wide Press, Inc. (World Wide), concluding that the claim could not be brought in the form of a direct shareholder...

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