TOEBELMAN v. MISSOURI-KANSAS PIPE LINE CO.

No. 8002.

130 F.2d 1016 (1942)

TOEBELMAN et al. (HAHN, Intervener) v. MISSOURI-KANSAS PIPE LINE CO. et al.

Circuit Court of Appeals, Third Circuit.

Decided October 16, 1942.


Attorney(s) appearing for the Case

John J. Morris, Jr., of Wilmington, Del. (Rothbart & Rosenfield and J. M. Rosenfield, all of Chicago, Ill., and Harold B. Howard, of Wilmington, Del., on the brief), for plaintiffs-appellants.

Robert Burnett, of St. Louis, Mo. (Henry H. Stern and B. L. Liberman, both of St. Louis, Mo., and Herbert L. Cohen, of Wilmington, Del., on the brief), for intervening plaintiff-appellant.

Arthur G. Logan, of Wilmington, Del. (Logan & Duffy and H. Newton White, Jr., all of Wilmington, Del., on the brief), for defendants-appellees.

Before MARIS and GOODRICH, Circuit Judges, and SMITH, District Judge.


MARIS, Circuit Judge.

The plaintiffs, minority shareholders of Missouri-Kansas Pipe Line Company (hereinafter called Mokan), brought a stockholders' derivative suit in the District Court for the District of Delaware. An additional minority stockholder intervened upon the first cause of action alleged in the complaint. Jurisdiction is based upon diversity of citizenship.

The defendants moved to strike or dismiss the...

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