Mottolese v. Kaufman

FRANK, 'Circuit Judge

(dissenting).

1. As my colleagues’ opinion shows, there are now pending in the court below two stockholders’ derivative suits against the defendants, based on the same claim, and asking the same .relief, i. e., the Mottolese suit and the earlier Martini suit.1 Plaintiff moved to consolidate those two suits, but one of the defendants successfully opposed that motion. Since, however, a stay of the Mottolese suit will be academic unless the Martini suit is also stayed, I take it that my colleagues are, in effect, directing Judge Bondy to stay the Martini suit. I shall…