Lucking v. Delano
Court of Appeals for the Sixth Circuit
1Opinion of the Court
ALLEN, Circuit Judge.
In a previous opinion which considered a similar complaint filed by the present appellants, this court affirmed an order of dismissal on the ground that appellants were without capacity to maintain a class action on behalf of the stockholders or creditors of the national bank involved. We held that appellants had failed to meet the requirement of exhausting “every remedy within the corporation before suing on causes of action which in the first instance should be asserted by the receiver.” Lucking v. Delano, 6 Cir., 117 F.2d 159, 160.
The complaint in the instant case,…
2Cases cited12 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Southern Railway Co. v. KingSupreme Court of the United States · 1910
- Gallup v. CaldwellCourt of Appeals for the Third Circuit · 1941
- Equitable Life Assurance Society of the United States v. BrownSupreme Court of the United States · 1909
- Pierce Oil Corp. v. City of HopeSupreme Court of the United States · 1919
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3Cited by14 opinions
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- Landy v. Federal Deposit InsuranceCourt of Appeals for the Third Circuit · 1973
- Ted W. Brown, Secretary of State v. James I. KellerCourt of Appeals for the Sixth Circuit · 1960
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