Citations
- 82 F. Supp. 633
Full opinion text
RYAN, District Judge.
Similar motions to dismiss the complaint in four different 'stockholders’ derivative actions are made by defendants, who urge that this court is without jurisdiction because of 'lack of diversity of citizenship — • •the ground upon which jurisdiction is predicated.
The defendants in all four actions are the same except for the action brought by plaintiff Birn in which Robert W. Perkins is not named defendant. The claims asserted are identical — •
Plaintiffs-stockholders assert on behalf of Warner Bros. Pictures, Inc., the allegedly wronged corporation, claims against certain officers and directors of that corporation and against other corporations alleging that by their wrongful acts, they and others benefited to the detriment of Warner Bros. Pictures, Inc.
Since the questions raised by these motions are the same ¡they are simultaneously considered.
Plaintiffs are citizens of New York; defendants Robert W. Perkins and Joseph Bernhard are conceded by plaintiffs to be citizens o