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MOTTA v. SCHMIDT MANUFACTURING CORPORATION

No. 95-P-852.

41 Mass. App. Ct. 785 (1996)

JOSEPH C. MOTTA v. SCHMIDT MANUFACTURING CORPORATION & another.

Court of Appeals of Massachusetts, Bristol.

December 12, 1996.

Attorney(s) appearing for the Case

Kevin J. Finnerty for the plaintiff.

Paul J. McCawley for Schmidt Manufacturing Corporation & another.

Present: BROWN, IRELAND, & LENK, JJ.

IRELAND, J.

The plaintiff's administratrix is appealing the dismissal under Mass.R.Civ.P. 25(a)(1), 365 Mass. 771 (1974), of her late husband's shareholder derivative claim on behalf of the defendant corporation and breach of duty action against the corporation's majority shareholder. The complaint was dismissed upon motion by the defendants who claimed that the administratrix failed to seek timely substitution of herself as a party plaintiff following the plaintiff...

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