Legal Opinion
Fed. Sec. L. Rep. P 96,517 Walter Untermeyer, Jr. v. Fidelity Daily Income Trust
Court of Appeals for the First Circuit
Decided August 2, 1978No. 77-1323PublishedCited by 20 opinions
1Opinion of the Court
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 under the Investment Company Act of 1940,15 U.S.C. §§ 80a-l et seq. (1976), plaintiff alleges (1) that the fund’s portfolio was valued at less than market value so as…
2Cases cited10 opinions
- In Re Kauffman Mutual Fund Actions. Joseph B. KauffmanCourt of Appeals for the First Circuit · 1973
- Delaware & Hudson Co. v. Albany & Susquehanna RailroadSupreme Court of the United States · 1909
- Fed. Sec. L. Rep. P 96,297 Charles Heit v. Walter S. BairdCourt of Appeals for the First Circuit · 1977
- Cathedral Estates, Inc. v. The Taft Realty CorporationCourt of Appeals for the Second Circuit · 1955
- S. Harold Levitt v. Edward C. Johnson, 2dCourt of Appeals for the First Circuit · 1964
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lewis v. CurtisCourt of Appeals for the Third Circuit · 1982
- Fed. Sec. L. Rep. P 99,704 Dr. Malik M. Hasan and Seeme Hasan v. Clevetrust Realty InvestorsCourt of Appeals for the Sixth Circuit · 1984
- Stanley M. Grossman v. Edward C. Johnson, 3rdCourt of Appeals for the First Circuit · 1982
- Garber v. LegoCourt of Appeals for the Third Circuit · 1993
- Thomas M. Gaubert v. Federal Home Loan Bank BoardCourt of Appeals for the D.C. Circuit · 1988
15 more not listed; retrieve them via the Exa API.