Nadler v. Bohen

Wolcott, Chief Justice:

This is a motion to dismiss an appeal from an interlocutory order in stockholders’ class and derivative actions charging the individual directors of Allis-Chalmers with breach of fiduciary duty.

The order appealed from sets a trial date for January 29, 1968 over the opposition of the plaintiffs who complain, by reason of the illness of chief trial counsel, that it is impossible adequately to prepare the case for trial by that date. It is argued that the action of the Vice Chancellor in so ruling is arbitrary, an abuse of discretion, and denies plaintiffs due process of…