Brendle v. Smith

RIFKIND, District Judge.

This is a motion by defendants to stay all proceedings in this suit until a final determination of a suit pending in the New York Supreme Court.

This suit (hereinafter called the Brendle suit), like the one pending in the state court (hereinafter called the Consolidated Action),' is a stockholder’s derivative action for the benefit of United States Rubber Company. The procedural events preceding the making of the pending motion have become characteristic of such actions. Since they constitute the normal life history of the stockholder’s derivative action it is…