O'MALEY v. ISC INDUSTRIES, INC.

No. KCD 26174.

519 S.W.2d 346 (1975)

George T. O'MALEY, Jr., Plaintiff-Appellant, v. ISC INDUSTRIES, INC., et al., Defendants-Respondents.

Missouri Court of Appeals, Kansas City District.

February 3, 1975.


Attorney(s) appearing for the Case

John R. Cleary, Kansas City, for plaintiff-appellant.

Martin J. Purcell, John R. Bancroft, Morrison, Hecker, Cozad, Morrison & Curtis, Kansas City, for defendant-respondent ISC.

Paul Scott Kelly, Jr., Myron S. Silverman, Gage, Tucker, Hodges, Kreamer, Kelly & Varner, Kansas City, for defendants-respondent Hamilton, Gaughan, Gee and Troutz.

Before DIXON, C. J., and SHANGLER and WASSERSTROM, JJ.


DIXON, Judge.

Plaintiff appeals from a trial court order dismissing with prejudice plaintiff's first amended petition in a derivative action. The stated grounds for the trial court's action were that plaintiff failed to state a claim upon which relief could be granted because plaintiff failed to allege facts showing that his intra-corporate remedy had been exhausted and that he failed to allege facts supporting the conclusion that plaintiff was fairly chosen by the...

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