KROESE v. GENERAL STEEL CASTINGS CORPORATION

No. 10029.

179 F.2d 760 (1950)

KROESE v. GENERAL STEEL CASTINGS CORPORATION et al.

United States Court of Appeals Third Circuit.

Filed January 31, 1950.


Attorney(s) appearing for the Case

Herman I. Lurie, New York City (Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., Nemerov & Shapiro, New York City, on the brief), for appellant.

Chauncey Belknap, New York City (Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., Allen Hunter White, Philadelphia, Pa., John V. Duncan, New York City, on the brief), for appellees.

Before MARIS, GOODRICH and HASTIE, Circuit Judges.


GOODRICH, Circuit Judge.

Are a majority of a corporation's board of directors indispensable parties to an action by a shareholder to compel the declaration of dividends? That is the question before us in this case. The district judge, on motion, dismissed the complaint; he thought the directors were indispensable parties and that the court was powerless to grant relief in their absence. D.C.E.D.Pa.1949, 9 F.R.D. 273.

There has been no trial of facts; not even...

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