Auerbach v. Cities Service Co.

Southerland, Chief Justice:

These appeals are from interlocutory orders of the Vice Chancellor, largely procedural, entered in two cases before him.

A brief history of the cases is required.

The Auerbach case was filed February 9, 1956. It is a minority stockholder’s derivative suit against Cities Service Company on behalf of Arkansas Fuel Oil Corporation. It seeks relief for wrongs or irregularities alleged to have occurred since 1945 in the performance by Cities of a contract between Cities and Arkansas.

In a prior appeal in that case we held that all claims arising under the contract prior to…