Silber v. Clarence Rainess & Co.

In this action for an accounting and other relief, the amended complaint has been dismissed on the ground that the two corporations involved are indispensable parties, because it is one to vindicate the rights of the two corporations. The allegations of the amended complaint and the record, in my opinion, make out a cause of action for an accounting in favor of the plaintiffs.

Prior to December 19,1962, American Dixie Shops (“ Dixie ”) and J. H. Frederick, Inc. (“ Frederick”) were the subject of reorganization proceedings pursuant to chapter XI of the Bankruptcy Act. Plaintiffs are…