Ward v. ATLAS CONSTRUCTION CO., INC.

Gregory, Justice:

Appellant Leroy E. Ward brought this shareholder’s derivative suit seeking access to the corporate records of defendant Atlas Construction Company, Inc., and an accounting of corporate profits. The trial judge dismissed the action and this appeal followed. We reverse.

The court below found appellant lacked standing to' sue as an individual in a derivative action since the alleged wrong was suffered by the corporation. This was error.

In a derivative action in this state the stockholder is the nominal plaintiff and the corporation is the real party in interest. Johnston v.…