FLETCHER v. A.J. INDUSTRIES, INC.

Docket No. 24251.

266 Cal.App.2d 313 (1968)

72 Cal. Rptr. 146

MAURICE FLETCHER et al., Plaintiffs and Respondents, v. A.J. INDUSTRIES, INC., Defendant and Appellant; C.J. VER HALEN, JR., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

October 2, 1968.


Attorney(s) appearing for the Case

O'Melveny & Myers, Rodney K. Potter, Swerdlow, Glikborg & Shimmer and William D. Moore for Defendant and Appellant.

Walker, Wright, Tyler & Ward, Don F. Tyler and Irving M. Walker for Plaintiffs and Respondents.

Gibson, Dunn & Crutcher, Sherman S. Welpton, Jr., G. Edward Fitzgerald, Kenneth E. Ristau, Jr., Irsfeld, Irsfeld & Younger and John H. Brink for Defendants and Respondents.


RATTIGAN, J.

This appeal is from certain orders entered in a stockholders' derivative action against appellant A.J. Industries, Inc. (hereinafter called the "corporation," or "AJ"). The questions presented are whether, under the circumstances of the present case, the corporation should be required to pay attorneys' fees and costs incurred in the action (1) by the stockholders who brought it as plaintiffs, or (2) by...

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