Legal Opinion

In Re Kauffman Mutual Fund Actions. Joseph B. Kauffman

Court of Appeals for the First Circuit

Decided May 14, 1973No. 72-1288PublishedCited by 153 opinions

1Opinion of the Court

ALDRICH, Senior Circuit Judge.

This appeal challenges two rulings of the district court that plaintiff’s derivative suit on behalf of certain mutual funds of which he is a shareholder is not maintainable because of failure to allege sufficient reason to excuse a prior demand on the directors, and, as to two funds, on the shareholder. F.R.Civ.P. Rule 23.1, post.1 We reach only the first issue.

Plaintiff is a shareholder in four mutual funds, the Dreyfus Fund, Inc., Manhattan Fund, Inc., Fidelity Trend Fund, Inc., and the Putnam Growth Fund, the latter two being, respectively, a Massachusetts…

2Cases cited35 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Stoll v. GottliebSupreme Court of the United States · 1938
  3. Hawes v. OaklandSupreme Court of the United States · 1882
  4. Smith v. SperlingSupreme Court of the United States · 1957
  5. Joseph B. KAUFFMAN Et Al. v. the DREYFUS FUND, INC., Et Al., Investors Diversified Services, Inc., Et Al., AppellantsCourt of Appeals for the Third Circuit · 1970

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3Cited by153 opinions

  1. Aronson v. LewisSupreme Court of Delaware · 1984
  2. Lewis v. CurtisCourt of Appeals for the Third Circuit · 1982
  3. Pogostin v. RiceSupreme Court of Delaware · 1984
  4. James J. Dozier v. Ford Motor CompanyCourt of Appeals for the D.C. Circuit · 1983
  5. McCabe v. FoleyDistrict Court, M.D. Florida · 2006

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

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