Koster v. (American) Lumbermens Mutual Casualty Co.

330 U.S. 518 (1947)

KOSTER

v.

(AMERICAN) LUMBERMENS MUTUAL CASUALTY CO.

No. 206.

Supreme Court of United States.

Argued December 19, 1946.

Decided March 10, 1947.

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT.

Julius Levy argued the cause and filed a brief for petitioner.

Stuart N. Updike argued the cause for respondent. With him on the brief were Weymouth Kirkland, Howard Ellis and Louis G. Caldwell.

This is a derivative action, in equity as are all such derivative actions, begun by plaintiff as a member and policyholder of Lumbermens Mutual Casualty Company "in the right of…