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SWANSON v. TRAER

No. 149.

354 U.S. 114 (1957)

SWANSON ET AL. v. TRAER ET AL.

Supreme Court of United States.

Decided June 10, 1957.

Attorney(s) appearing for the Case

James E. Doyle argued the cause for petitioners. With him on the brief were Avern B. Scolnik, Philip F. La Follette and William H. Bowman.

James E. S. Baker and Marland Gale argued the cause for respondents. On the brief with Mr. Baker were Kenneth F. Burgess, Calvin P. Sawyier, Thomas L. Marshall, Charles F. Short, Jr. and Wesley G. Hall for Traer et al. On the brief with Mr. Gale was C. Frank Reavis for the National City Lines, Inc., et al., respondents.

Francis X. Busch and James J. Magner filed a brief for the Chicago North Shore & Milwaukee Railway, respondent.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This case, a companion case to No. 316, Smith v. Sperling, ante, p. 91, presents another aspect of the problem of realignment of parties in a stockholders' derivative suit that is brought in a Federal District Court on the basis of diversity of citizenship. Plaintiff-stockholders are citizens of Nevada and stockholders in the Chicago North Shore & Milwaukee Ry. Co., an Illinois corporation....

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