Himmelblau v. Haist

METZNER, District Judge.

This motion by Hyman Marcus, one of the individual defendants, is brought pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint for lack of jurisdiction.

The original complaint, in the nature of a derivative stockholders’ suit, was instituted by Himmelblau against a number of defendants. Jurisdiction was based upon diversity. Subsequently, upon motion by the defendants, plaintiff was directed to post security in the amount of $50,000 pursuant to the requirements of Section 61-b of the New York General Corporation Law,…