McMENOMY v. RYDEN

Nos. 41788, 42031, 42127.

176 N.W.2d 876 (1970)

Edward B. McMENOMY and Ellen T. McMenomy, Appellants, v. Arnold J. RYDEN, Jr., et al., Defendants, Arnold J. Ryden, Jr., et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied June 1, 1970.


Attorney(s) appearing for the Case

Samuel H. Hertogs, Hastings, Fred Burstein, Minneapolis, Wolf, Popper, Ross, Wolf & Jones, New York City, for appellants.

Dorsey, Marquart, Windhorst, West & Halladay and Bernard G. Heinzen, and Robert A. Heiberg, Minneapolis, for Ryden, Drake, Fletcher, Terwilleger, Amundson, Smith and Johnson.

Johnson & Thompson and James M. Neville, Minneapolis, for Hawthorne and Hill.

Nielsen, Stock & Blackburn, Minneapolis, for Byron Smith.

Maslon, Kaplan, Edelman, Joseph & Borman and John C. McNulty, Minneapolis, for Robert A. Larsen.

Henson & Webb and Richard B. Solum, Minneapolis, for John E. Andrus, III.

William W. Essling, St. Paul, for Daniels.

Mackall, Crounse, Moore, Helmey & Holmes, Minneapolis, for Stephenson.

Best, Flanagan, Lewis, Simonett & Bellows and Harold C. Evarts, Minneapolis, for Midwest Tech. Development Corp. and Technical Management Services Corp.

Thompson, Hessian, Fletcher & McKasy, Minneapolis, for Fletcher.

Faegre & Benson and Gordon G. Busdicker and Donald L. Robertson, Minneapolis, for NW Nat. Bk. of Mpls., and Howard and McFarland.

Altman, Geraghty, Leonard & Mulally, St. Paul, Jenner & Block, Chicago, Ill., for Midtex, Inc.


OPINION

KNUTSON, Chief Justice.

These are appeals from various orders and a judgment dismissing plaintiffs' derivative action with prejudice as to all defendants.

Various aspects of the case have been here before. In McMenomy v. Ryden, 276 Minn. 55, 148 N.W.2d 804, 30 A.L.R.3d 1078, we held that a determination by the Honorable Gunnar Nordbye in an action brought by the Securities Exchange Commission in Federal...

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