Del Fungo Giera v. Rockland Light & Power Co.

WOOLSEY, District Judge.

The motion to remand is granted.

I. This is a stockholder’s action brought by the plaintiff, as a stockholder of the Rock-land Light & Power Company, a corporation of New York state, hereinafter called the Rockland Company, in his own behalf and in behalf of others similarly situated. It is brought because the defendant directors would not bring suit against the corporate defendant or through it against themselves for relief from their own misconduct.

The gravamen of the plaintiff’s cause of action as stated in his complaint is in effect a still continuing conspiracy on…