G. A. Enterprises, Inc. v. Leisure Living Communities, Inc.

LEVIN H. CAMPBELL, Circuit Judge.

G. A. Enterprises, Inc. (“GA”), plaintiff in a stockholder derivative action, appeals from a judgment of the district court allowing a motion to dismiss filed by Leisure Living Communities, Inc., the company for whose alleored benefit it had brought the derivative action. 1 The court held that GA could not, as Fed.R. Civ.P. 23.1 requires, “fairly and adequately represent the interests of the shareholders or members similarly situated in enforcing the right of the corporation . . . .” The court’s ruling was not based on any doubts as to the competence of…