Dederick v. North American Co.

BRIGHT, District Judge.

The motion by the defendant, The North American Company, to dismiss this derivative action by a preferred and common stockholder of the defendant North American Light & Power Company, or for summary judgment, upon the ground that the complaint does not properly aver compliance with, and does not allege facts required by, Rule 23 (b) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, is denied.

The complaint substantially complies with Rule 23 (b). It alleges that plaintiff is a stockholder and was such at the time the acts complained of were committed…