Durkin v. Durkin Company, Inc., No. Cv99 0173646 S (Jan. 21, 2000)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION RE: MOTION TO DISMISS (#104)

The plaintiff Kelly Durkin, a shareholder of the defendant Durkin Company, Inc. (Durkin Co.), seeks a writ of mandamus ordering each defendant to allow him to inspect certain corporate records. The defendants Durkin Co., Mark Durkin and Gregory Durkin filed a motion to dismiss the present action based upon insufficiency of process and the prior pending action doctrine.1 This court concludes that the motion to dismiss must be denied. Durkin Co. has received adequate…