The Herald Company, (Cross-Appellant) v. Donald R. Seawell, (Cross-Appellees)

HILL, Circuit Judge.

This is an appeal from a judgment in the District of Colorado, D.C., 315 F. Supp. 497, in a stockholders’ derivative action. The suit was filed on behalf of the Denver Post, Inc., a Colorado newspaper publishing corporation, by the Herald Company, a New York corporation and a minority stockholder, seeking relief for the Denver Post corporation against its officers and directors for misconduct, breach of trust, and misuse of corporate assets.

There were 94,015 shares of capital stock of the Denver Post, Inc., outstanding in early I960. 1 The corporate charter then provided…