Toomey v. Wickwire Spencer Steel Co.

MANDELBAUM, District judge.

This is a motion by the plaintiff for an order directing the defendants to furnish him with a list of stockholders of the defendant corporation. The defendants, by cross-motion, have prayed for an order dismissing the plaintiff’s complaint for failure to state facts constituting a valid claim for relief.

Plaintiff’s motion denied. Defendants’ motion to dismiss the plaintiff’s complaint granted.

The plaintiff has failed to comply with Rule 23(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, in that his complaint lacks certain essential…