Ashwander v. Tennessee Valley Authority

GRUBB, District Judge.

1. The motion to dismiss criticizes the bill for prolixity, invoking Equity Rule No. 25 (28 USCA § 723); also, for multifarious-' ness and misjoinder under Equity Rule 26 (28 USCA § 723). The motion to dismiss is not well taken on these grounds.

2. The right of the plaintiffs as preferred stockholders of the Alabama Power Company, for themselves and other preferred stockholders, to maintain the bill of complaint in the name of the corporation, is challenged. The settled rule is that stockholders cannot maintain a bill in the nature of this •one, to review transactions of…