Dresdner v. Goldman Sachs Trading Corp.

Plaintiffs bring an action to compel the officers and directors of a corporation, of which the plaintiffs are stockholders, to return to the corporation moneys and property claimed to have been wrongfully taken or wasted. The action is a derivative one, being brought on behalf of the corporate debtor, and the complaint alleges that it is brought in that capacity on behalf of all other creditors in addition to the plaintiffs. Some of the defendants have not answered. Instead, they have moved to dismiss the complaint on the ground that there is a prior action pending between the same parties,…