Reifsnyder v. Pittsburgh Outdoor Advertising Co.

Opinion by

Mr. Justice Cohen,

We are called, upon in these appeals to determine whether the defendants in a prior action brought by a shareholder are entitled to have the plaintiff in that action pay the costs and attorneys fees incurred by them in successfully defending that suit by virtue of the Act of April 18, 1945, P. L. 253, 12 PS §1321.1 In order to make this determination we must decide whether the prior action in which the present appellant was the plaintiff and the present appellees, the defendants, was a secondary or derivative suit as opposed to a direct personal or representative…