CLAMAN v. ROBERTSON

Nos. 34162 and 34166.

164 Ohio St. 61 (1955)

CLAMAN, APPELLANT, v. ROBERTSON ET AL., APPELLEES. CLAMAN; DIETZ ET AL., EXRS., APPELLANTS, v. ROBERTSON ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 20, 1955.


Attorney(s) appearing for the Case

Messrs. Weiland, Solinger & D'Angelo, Mr. Harry Kasfir and Mr. Milton Paulson, for appellants.

Messrs. Frost & Jacobs and Messrs. Porter, Stanley, Tref-finger & Platt, for appellees.


BELL, J.

The trial court stated the question involved, as follows: Does a minority shareholder have the right on behalf of the corporation and other shareholders to bring a suit on the cause of action alleged without first making a demand on the shareholders?

In light of the above facts, the question may be restated as follows: May a shareholder of a corporation bring a derivative suit on a cause of action which he alleges the corporation has, where it appears...

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