Malott v. Randall

— This is an action, commenced as a derivative shareholders’ suit, on behalf of Hecla Mining Company. The original plaintiff, Thomas Malott, owned shares of stock of a value in excess of $25,000. Emil Heber, the intervenor, owned stock of a value of $2,575 as of the date he intervened. The trial court found against plaintiff and the intervenor. Only the intervenor, Emil Heber, has appealed.

Respondent Hecla Mining Company, subsequent to the reinstatement of this appeal, Malott v. Randall, 83 Wn.2d 259, 517 P.2d 605 (1974), filed an original motion in this court, seeking an order:(1) Requiring…