Westerly Theatre Operating Co. v. Pouzzner

MAHONEY, Circuit Judge.

This is an appeal from a judgment entered in favor of plaintiffs-appellees. Jurisdiction was based on diversity of citizenship and the sum in controversy exceeded $3,000 exclusive of interest and costs.

Plaintiffs-appellees own and control 50 percent of the outstanding common stock, the sole class of stock of the Westerly Theatre Operating Company, Inc. Morris Pouzzner, the principal plaintiff, and his nominee, Oakley A. Kunz, are officers and directors of the corporation. John B. Find-lay, an individual defendant, owns or controls the remaining 50 per cent of the common…