TOEBELMAN v. MISSOURI-KANSAS PIPE LINE CO.

No. 129.

41 F.Supp. 334 (1941)

TOEBELMAN et al. v. MISSOURI-KANSAS PIPE LINE CO. et al.

District Court, D. Delaware.

October 13, 1941.


Attorney(s) appearing for the Case

Julius M. Rosenfield (of Rothbart & Rosenfield), of Chicago, Ill., and John J. Morris, Jr., and Harold B. Howard (of Hering, Morris, James & Hitchens), both of Wilmington, Del., for plaintiff Lorena W. Toebelman, and others.

Robert Burnett (of Burnett, Stern & Liberman), of St. Louis, Mo., and Herbert L. Cohen, of Wilmington, Del., for intervenor Charles W. Hahn.

Arthur G. Logan (of Logan & Duffy), of Wilmington, Del., for defendants.


KIRKPATRICK, District Judge.

This is a stockholders' derivative suit against the directors of the defendant corporation, for misfeasance. The principal prayer is for an accounting of funds alleged to have been improperly spent. The corporation is a holding company with some 2,400,000 shares of stock outstanding, of which the plaintiffs and the intervenors together own 4,695 shares, or about one fifth of one per cent.

The defendants have moved for summary judgment...

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