No. 91-3633.

971 F.2d 1034 (1992)

Alfred BLASBAND v. Steven M. RALES; Mitchell P. Rales; John Doe 1-10; Danaher Corporation, Alfred Blasband, derivatively on behalf of Danaher Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 31, 1992.

Attorney(s) appearing for the Case

Stephen A. Whinston (argued), Arthur Stock, Berger & Montague, P.C., Philadelphia, Pa., Mark Minuti, Saul, Ewing, Remick & Saul, Wilmington, Del., for appellant.

Stephen P. Lamb (argued), Robert A. Glen, Robert E. Zimet, Joseph Guglielmelli, Skadden, Arps, Slate, Meagher & Flom, Wilmington, Del., for appellees Stephen M. Rales and Mitchell P. Rales.

David C. McBride, Young, Conaway, Stargatt & Taylor, Wilmington, Del., for appellee Danaher Corp.

Before GREENBERG and SCIRICA, Circuit Judges, and DEBEVOISE, District Judge.

GREENBERG, Circuit Judge:



Alfred Blasband appeals from a district court order of August 15, 1991, dismissing his complaint pursuant to Fed.R.Civ.P. 12(b)(6) and Fed.R.Civ.P. 23.1 in this shareholder derivative suit. This appeal raises difficult issues regarding shareholder standing and demand futility in derivative actions brought under Delaware law. In view of the procedural posture of the case, we will accept...

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