Legal Opinion
Samuel Meltzer v. Atlantic Research Corporation
Court of Appeals for the Fourth Circuit
Decided April 9, 1964No. 9201_1PublishedCited by 40 opinions
1Opinion of the Court
ALBERT V. BRYAN, Circuit Judge.
This derivative suit by shareholder Samuel Meltzer against the Atlantic Research Corporation and its then five directors was dismissed by the District Court on the ground that the plaintiff had failed first to demand of the directors “such action as he desires” of the corporation — that is to sue for recovery of losses it suffered from the alleged misfeasance or nonfeasance of the directors. This exaction of the plaintiff was predicated on Rule 23(b), Fed.R. Civ.P. reading pertinently as follows:
“The complaint [in a secondary action] shall also set forth with…
2Cases cited6 opinions
- Delaware & Hudson Co. v. Albany & Susquehanna RailroadSupreme Court of the United States · 1909
- Cathedral Estates, Inc. v. The Taft Realty CorporationCourt of Appeals for the Second Circuit · 1955
- Steinberg v. HardyDistrict Court, D. Connecticut · 1950
- Liggett v. Roanoke Water Co.Supreme Court of Virginia · 1919
- O'Connor v. First National Investors' Corp.Supreme Court of Virginia · 1935
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In Re Kauffman Mutual Fund Actions. Joseph B. KauffmanCourt of Appeals for the First Circuit · 1973
- deHaas v. Empire Petroleum Co.Court of Appeals for the Tenth Circuit · 1970
- H. M. Greenspun v. Del E. Webb Corporation, Etc.Court of Appeals for the Ninth Circuit · 1980
- Newton v. Hornblower, Inc.Supreme Court of Kansas · 1978
- Henderson v. Buchanan (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
35 more not listed; retrieve them via the Exa API.