Malott v. Randall

Plaintiff, Thomas Malott, instituted a derivative stockholder’s action against defendants. Emil Heber, appellant herein, joined as plaintiff in intervention. The matter was tried in the superior court and on July 5, 1972 came before that court for signing and entry of findings of fact, conclusions of law and judgment for defendants. At that time Mr. Robert Southwell, trial counsel for appellant, was present, as was counsel for plaintiff, defendant corporation and special counsel for defendant E. H. Herman. Discussion was had and some interlineations made in the proposed documents. In the…