O'NEILL v. Maytag

McLEAN, District Judge.

This is a stockholder’s derivative action by a stockholder of National Airlines Incorporated (“National”). The complaint contains two counts. The first is against Pan American World Airways, Inc. (“Pan American”), and certain officers and directors of National. The second, although not so labeled in the complaint, is said to be against defendant Maytag only. Defendant Maytag moves under Rule 12(b) (1) and 12(b) (6) to dismiss the first count for lack of jurisdiction over the subject matter and for failure to state a claim. He moves, on affidavits, to dismiss the second…