Legal Opinion

Fed. Sec. L. Rep. P 96,297 Charles Heit v. Walter S. Baird

Court of Appeals for the First Circuit

Decided December 29, 1977No. 77-1327PublishedCited by 70 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Circuit Judge.

This appeal involves the adequacy of allegations in a complaint brought in a stockholder’s derivative suit as to why the plaintiff failed to make a demand on the directors to correct the alleged wrongs before suit was brought. Applying Federal Rule of Civil Procedure 23.1 and the standards developed in In re Kauffman Mutual Fund Actions, 479 F.2d 257 (1st Cir.), cert. denied, 414 U.S. 857, 94 S.Ct. 161, 38 L.Ed.2d 107 (1973), we affirm dismissal of the suit.

The complaint at issue here was brought by Charles Heit, a stockholder of Baird Atomic, Inc. both at…

2Cases cited19 opinions

  1. Fed. Sec. L. Rep. P 94,473 Maurice Shapiro v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Second Circuit · 1974
  2. In Re Kauffman Mutual Fund Actions. Joseph B. KauffmanCourt of Appeals for the First Circuit · 1973
  3. Cheff v. MathesSupreme Court of Delaware · 1964
  4. Elliott v. BakerMassachusetts Supreme Judicial Court · 1907
  5. Shapiro v. Merrill Lynch, Pierce, Fenner & Smith Inc.District Court, S.D. New York · 1972

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3Cited by70 opinions

  1. Aronson v. LewisSupreme Court of Delaware · 1984
  2. Unocal Corp. v. Mesa Petroleum Co.Supreme Court of Delaware · 1985
  3. Lewis v. CurtisCourt of Appeals for the Third Circuit · 1982
  4. In Re Eaton Vance Mutual Funds Fee LitigationDistrict Court, S.D. New York · 2005
  5. H. M. Greenspun v. Del E. Webb Corporation, Etc.Court of Appeals for the Ninth Circuit · 1980

65 more not listed; retrieve them via the Exa API.

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