ON REHEARING
BERANEK, Judge.
This is an appeal from a final judgment in a stockholder's derivative suit which also involved a counterclaim. The parties agree that the main suit below was a derivative action wherein one stockholder was suing "on behalf of" the corporation to enforce a corporate right. The defendant/appellant in the action was another stockholder in the corporation who defended and counterclaimed. No attempt was made to name the corporation...
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