Nelson v. Sierra Construction Corp.

*336OPINION

By the Court,

Badt, C. J.:

The amended complaint in the court below presented a stockholders’ derivative action in three counts. The first two counts sought relief from one Charles L. Horsey, Jr., and one Fred L. Allred, the former being a codirector with Koerwitz and Rapone of Sierra Construction Corporation, and the third count sought relief against R K R Construction Company, Koerwitz, and Rapone. An order of severance was made whereunder this action proceeded against R K R, Koerwitz, and Rapone. A separate action is now pending against Horsey and Allred. Counts 1 and 2 therefore have…