Jepson v. Peterson

This action was instituted by plaintiff as a minority stockholder in the Black Hills Amusement Company in behalf of himself and all other stockholders similarly situated. Plaintiff appeals from an order dismissing the complaint on the ground that it fails to state a claim upon which relief may be granted. Plaintiff applied for and obtained an order allowing the appeal.

The complaint alleges that defendant Peterson and two other officers and directors of the corporation, owning a majority of the outstanding stock, exercised during the years from 1935 to 1939 entire control, management and'…