Legal Opinion
Koster v. Warren
District Court, N.D. California
Decided September 11, 1959No. 37682PublishedCited by 1 opinion
1Opinion of the Court
HARRIS, District Judge.
In this derivative action under Rule 23(b) F.R.Civ.P., 28 U.S.C.A., 1 brought by a stockholder on behalf of Safeway Stores, Inc. against certain directors and former officers of the corporation, defendants have moved to require plaintiff to post security pursuant to Section 834 of the West’s Ann. California Corporations Code, in the amount of $240,000. In order to prevail on their motions, defendants must prove that there is “no reasonable probability that the prosecution of the cause, of action alleged in the complaint against the moving party will benefit the…
2Cases cited23 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Rogers v. HillSupreme Court of the United States · 1933
- McQuillen v. National Cash Register Co.Court of Appeals for the Fourth Circuit · 1940
- Mooney v. Willys-Overland Motors, Inc.Court of Appeals for the Third Circuit · 1953
- Findley v. GarrettCalifornia Court of Appeal · 1952
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3Cited by1 opinion
- Jeanne Koster v. Lingan A. Warren, Milton L. Selby, Chester N. Sanders, Dwight M. Cochran, and Safeway Stores, Inc.Court of Appeals for the Ninth Circuit · 1961