Hudson v. Davies, Richberg, Tydings, Beebe & Landa

KNOX, Chief Judge.

Inasmuch as plaintiff has failed to comply with the provisions of subdivision (b) of Federal Civil Rule 23, 28 U.S.C.A., his complaint against the defendants herein will be dismissed.

True enough, he alleges in paragraph 8 of his amended pleading that by reason of defendant Landa’s domination of the directors of Colonial Airlines, Inc., a demand upon them, prior to the commencement of this action, to cause suit to be instituted by Colonial against the other defendants herein for the relief now sought would have been futile, and plaintiff refrained from making such demand.

To…