Linker & Herbert, Inc. v. Marshall

GRUBB, District Judge.

This action is a stockholder’s derivative suit brought pursuant to Rule 23 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. The plaintiff, a New York corporation, alleges that it is the owner of twenty-five shares of common stock and twenty-five shares of preferred stock of Del Monte, Inc., a Wisconsin corporation, which formerly was the lessee of premises located in the City of Milwaukee. The lessors and owners *149of the premises are the trustees under the will of Samuel Marshall, deceased.

The complaint alleges that during the latter part of 1952 and the early part…