Cohen v. American Window Glass Co.

RIFKIND, District Judge.

Defendant moves to dismiss on three grounds:

1. the insufficiency of the complaint;

2. the insufficiency of the service of process;

3. lack of jurisdiction of the subject matter.

According to the complaint plaintiffs are Class A stockholders of the defendant. The defendant is a Pennsylvania corporation authorized to do business in New York. The relief requested in the complaint is that:

1. It be determined that a certain dividend heretofore paid to preferred stockholders is an asset of the defendant, recoverable against its directors.

2. A certain plan of merger approved by…