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DUFFEY v. WHEELER

No. 86-3577.

820 F.2d 1161 (1987)

Samuel S. DUFFEY, Individual, David Deserio, Individual, Plaintiffs-Appellants, v. D.C. WHEELER, Individual, H. Thomas Hirsch, Individual, H. Thomas, P.C., a Texas Professional Corporation, Challenge Energy, Inc., a Florida Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 2, 1987.

Attorney(s) appearing for the Case

George LaMarca, Williams, LaMarca, Marcucci, Wiggins & Anderson, P.C., West Des Moines, Iowa, Richard S. Webb, IV, Duffey, Judd, Webb & Wood, P.A., Sarasota, Fla., for plaintiffs-appellants.

Ronald Alexander Cyril, Michael A. Connolly, Nelson, Hesse, Cyril, Smith, Widman & Herb, Sarasota, Fla., for defendants-appellees.

Before GODBOLD and ANDERSON, Circuit Judges, and SWYGERT, Senior Circuit Judge.

ANDERSON, Circuit Judge:

Jurisdiction of this shareholders derivative action is based solely on diversity of citizenship. In this case, we are asked to decide whether a corporation in a shareholder's derivative action should be realigned as a party plaintiff for diversity purposes when the corporation management is deadlocked.

Challenge Energy, Inc. is a Florida corporation. Plaintiffs Duffey and DeSerio are Florida citizens. Defendants Wheeler, Hirsch, and...

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