Pellegrino

' This appeal is taken from an order of the District Court denying appellant’s motion for leave to intervene, subsequent to entry of final judgments in the consolidated cases, of Consolidated Engineering Corporation, v, Nesbit (Consolidated Engineering Corporation v. Colvin, and Consolidated Engineering Corporation v. Bradburn), D.C. S.D.Cal.1951, 102 F.Supp. 112 , for the purpose of appealing the decision in these cases-to this court.

In October 1950 appellant, a stockholder in appellee corporation, requested the corporation to institute suit under the provisions of § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b), against the individual appellees to recover profits realized by these officers of the corporation from their respective purchases and sales of the corporation’s common stock ■within periods of less than six months. The letter in which this request was made also informed the corporation that in the event it did not institute suit within sixty days appellant himself would commence such suit on its behalf pursuant to the provisions of the statute. The corporation thereupon instituted suits against the named officers.

The pleadings and a pre-trial…