OTIS & CO. v. PENNSYLVANIA R. CO.

No. 3618.

57 F.Supp. 680 (1944)

OTIS & CO. v. PENNSYLVANIA R. CO. et al.

District Court, E. D. Pennsylvania.

November 1, 1944.


Attorney(s) appearing for the Case

James F. Masterson and Simon Pearl, both of Philadelphia, Pa., for plaintiff.

Albert Ward, R. Sturgis Ingersoll, and John Dickinson, all of Philadelphia, Pa., for defendants.


KALODNER, District Judge.

In this stockholders' suit plaintiff now moves to strike the answers of the corporate defendants, the Pennsylvania Railroad Company and the Pennsylvania, Ohio & Detroit Railroad Company, and to remove counsel.

The important issue raised by the motion is whether, in a stockholders' secondary (derivative) action against the officers and directors of a corporation for breach of duty, the corporation, joined as a party defendant,...

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