Court of Appeals for the First Circuit June 23, 1971, 7745_1 (Rose Moses v. C. Rodgers Burgin)

ALDRICH, Chief Judge.

Plaintiff Moses, a shareholder of Fidelity Fund, Inc. (Fund), a Massachusetts-incorporated investment company, in December 1967 filed a complaint, and in November 1968 an amended complaint, in this derivative action. Fund is an open-end mutual fund, registered under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-l et seq.