Higgins v. Shenango Pottery Co.

STEWART, District Judge.

Alice S. Higgins, a stockholder of the Shenango Pottery Company, brought this action on behalf of herself and other stock*512holders to require an accounting of profits allegedly diverted from the Shenango Pottery Company to the Castle Engineering Company. The individual defendants are alleged participants in this diversion. Harry Barkby was granted leave to intervene on July 18, 1951. Various motions, some by the plaintiff and some by the defendants, are before us for disposition.

I

One of these is plaintiff’s motion pursuant to Rule 37(a) of the Federal Rules of Civil…