Robison v. Caster

SWYGERT, Circuit Judge.

The plaintiffs in these diversity eases appeal from orders dismissing their respective complaints. The complaints are based upon the same alleged series of events. The first complaint, dismissed for failure to state a claim upon which relief could be granted, attempts to set out a claim for conspiracy to defraud; the second, dismissed for failure to comply with Rule 23(b) of the Federal Rules of Civil Procedure, attempts to assert a stockholders’ derivative claim for fraudulent breach of fiduciary duties.

In the first complaint the plaintiff, Ashley L. Robison, names a…