Levy v. Whipple

Various examinations before trial are pending in a consolidated stockholders’ derivative action (hereinafter referred to as “ stockholders’ action ”) and in an action" commenced by four directors of the corporations involved (hereinafter referred to as “ directors’ action ”), who are also defendants in the stockholders’ action.

It is clear that there is a distinct attempt by the stockholders on the one hand and the directors on the other hand to play for preferential position in the conduct of the examinations before trial. This is made evident not only by the several oral arguments which took…