This is a stockholders' derivative action. Defendants move pursuant to rule 106 of the Rules of Civil Practice, to dismiss the complaint for failure to state a cause of action. They also move on affidavits (Rules Civ. Prac., rule 107) for a dismissal of each of the two causes of action set forth in the complaint asserting, in one instance, that suit is premature and, in the other, that...
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