Klein v. Fisher Foods, Inc.

Owner of 250 shares of common stock of Fisher Foods, Inc., the plaintiff brings this derivative suit principally to enjoin defendant Fisher and the defendant Fazio-Costa Corporations, their directors and representatives from consummating and effectuating the merger of these companies.

Defendants admit that they “would not have commenced or prosecuted this action upon plaintiff’s demand as no wrongful act has been committed by any director or officer in connection with the subject transaction.”

If completed the merger would consolidate in surviving Fisher Foods the separate food retailing…