STOCK
v.
SIELAFF, CORRECTIONS DIRECTOR

U.S. | 1976-02-23
No. 75-5616
Mr. Justice Stevens took no part in the consideration or decision of this petition.
424 U.S. 928 Supreme Court of the United States (1976) Positive Treatment
Cited by 7 cases

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  • …en futile and where the plaintiff-shareholder has alleged with particularity the reasons why a demand would have been futile. See, e. g., Nussbacher v. Continental Illinois Nat. Bank & Trust Co., 518 F. 2d 873, 878-79 (7th Cir. 1975), cert. denied, 424 U.S. 928, 96 S.Ct. 1142, 47 L.Ed.2d 338 (1976). In the instant case, however, Cram-er’s complaint does not adequately explain why he failed to make a demand upon the directors. Cramer correctly states that the Audit Committee did not recommend litigation a…
  • Parks v. "MR. Ford", 556 F.2d 132 (3d Cir. 1977)
    …dly, J.), cert. denied, 419 U.S. 874, 95 S.Ct. 135, 42 L.Ed.2d 113 (1974); Grafton v. Brooklyn Law School, 478 F. 2d 1137 (2d Cir. 1974) (Friendly, J.). Cf. Anastasia v. Cosmopolitan Bank of Chicago, 527 F. 2d 150, 155 (7th Cir. 1975), cert. denied, 424 U.S. 928, 96 S.Ct. 1143, 47 L.Ed.2d 338 (1976) (dictum); Greenya v. Washington University, 167 U.S.App.D.C. 379, 512 F. 2d 556 (1975) (dictum); Fletcher v. Rhode Island Hospital Trust Nat’l Bank, 496 F. 2d 927, 931 (1st Cir.), cert. denied, 419 U.S. 1001, 95…
  • Musso v. Raffaele Suriano, 586 F.2d 59 (7th Cir. 1978)
    …ight be characterized as an affirmative act rather than mere “inaction.” . It should be noted that this circuit has used the exclusivity test. See Anastasia v. Cosmopolitan National Bank of Chicago, 527 F. 2d 150, 157 (7th Cir. 1975), cert, denied, 424 U.S. 928, 96 S.Ct. 1143, 47 L.Ed.2d 338 (1976). . The district court opinion affirmed in Jackson dismissed the complaint finding: “No state official participated in the practice complained of, nor is it alleged that the state requested or co-operated in the…

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