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BERGESON v. LIFE INSURANCE CORPORATION OF AMERICA

Nos. 5914, 5977, 6000.

265 F.2d 227 (1959)

L. Bryan BERGESON, Appellant, v. LIFE INSURANCE CORPORATION OF AMERICA, a corporation, Cleo H. Bullard, Lewis R. Rich, Adrian S. Wright, W. Meeks Wirthlin, Harry D. Pugsley, Lawrence H. Birrell, Herbert J. Zimmerman, and J. Robert Thomas, Appellees. Cleo H. BULLARD, Adrian S. Wright and W. Meeks Wirthlin, Appellants, v. L. Bryan BERGESON and Life Insurance Corporation of America, a corporation, Appellees. Cleo H. BULLARD, Adrian S. Wright, W. Meeks Wirthlin and Lewis R. Rich, Appellants, v. L. Bryan BERGESON and Life Insurance Corporation of America, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 16, 1959.

Attorney(s) appearing for the Case

George M. McMillan, Salt Lake City, Utah, for L. Bryan Bergeson.

Ray R. Christensen, Salt Lake City, Utah (Moreton, Christensen & Christensen, Salt Lake City, Utah, were with him on the brief), for Lawrence H. Birrell, Herbert J. Zimmerman and J. Robert Thomas.

Calvin Rampton, Salt Lake City, Utah (David K. Watkiss and Harry D. Pugsley, Salt Lake City, Utah, pro se, were with him on the brief), for Harry D. Pugsley.

S. N. Cornwall, Salt Lake City, Utah (Jack B. Darragh, Irene Warr, and Joseph C. Fratto, Salt Lake City, Utah, were with him on the brief), for Cleo H. Bullard, Adrian S. Wright and W. Meeks Wirthlin, and Lewis R. Rich.

No appearance for Life Insurance Corporation of America.

Before HUXMAN, MURRAH, and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

These three interrelated appeals arise from a stockholder's derivative suit in which federal jurisdiction is based upon diversity of citizenship. Bergeson, the plaintiff below, sued as a stockholder in, and for the benefit of, Life Insurance Corporation of America.1

The complaint sets out two claims. The first is directed against Bullard, Rich, Wright, Wirthlin and Pugsley,2

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