Klinger v. Rose

OPINION

TYLER, District Judge.

Plaintiffs, the owners of both common and preferred stock of Reading Company (“Reading”), a common carrier, have brought this derivative action on behalf of Reading seeking treble damages from the Baltimore and Ohio Railroad Company (“B&O”), another common carrier, and from ten individual defendants who were directors of Reading at the time of the alleged misconduct. None of the individual defendants have been served. The suit is brought under Sections 4 1 and 10 2 of the Clayton Act. The defendants B&Q and Reading 3 jointly move for summary judgment dismissing…