Bergstein v. Texas International Co.

HARTNETT, Vice Chancellor.

Defendants moved to dismiss this stockholder’s derivative suit because plaintiffs did not make a demand for corrective action on the Board of Directors of the corporation before instituting suit and arguably did not allege with sufficient particularity in the complaint the reasons for failing to make a demand. The motion is without merit and must be denied.

I

On July 7, 1981 plaintiff-Weinberger brought this stockholder’s derivative action against the corporate defendant, Texas International Company, and the individual defendants, who are directors of Texas…