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OSER v. WILCOX

No. 18733.

338 F.2d 886 (1964)

Martha H. OSER, Appellant, v. R. C. WILCOX, R. Ronketti, G. E. Johnson, John G. McKean, H. W. Houston, Houston Fearless Corporation, Appellees.

United States Court of Appeals Ninth Circuit.

November 23, 1964.

Attorney(s) appearing for the Case

Clifford A. Hemmerling, Howard B. Miller, Richards, Watson & Hemmerling, Los Angeles, Cal., for appellant.

F. G. Stapleton, Stapleton, Weinberg & Isen, Los Angeles, Cal., for appellee Houston Fearless Corp.

Harry L. Gershon, Fendler, Gershon & Warner, Beverly Hills, Cal., for appellee Harvey L. Karp.

C. Bernard Kaufman, Gainsley & Kaufman, Los Angeles, Cal., for appellees Houston, McKean, Ronketti & Johnson.

Daniel A. Weber, Ovvie Miller, Weber, Schwartz & Alschuler, Beverly Hills, Cal., for appellee R. C. Wilcox.

Before BARNES, HAMLEY and BROWNING, Circuit Judges.

HAMLEY, Circuit Judge:

This is a stockholder's derivative action arising in California and commenced in a federal court because of diversity of citizenship. Pursuant to California Corporations Code, section 834, defendants moved for an order requiring the posting by plaintiff of security for costs. The motions were granted and the security was fixed in the amount of thirty-five thousand dollars. Plaintiff declined to post such security, whereupon the action was dismissed...

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