Martin G. Halprin v. Edwin v. Babbitt

ALDRICH, Circuit Judge.

Possibly the first question on this appeal ought to be how long counsel may back and fill before being required to square away and set a course. In this minority stockholder’s suit the complaint was twice amended. Thereafter the court permitted an extended colloquy as to how a further amendment might be made, and even then counsel seemed unfamiliar with well-settled principles. The court dismissed the action. Because it is clear, however, that the dismissal was based not upon what might have been an understandable loss of patience, but upon the belief that a cause of…