Carr v. Beverly Hills Corporation

237 F.2d 323 George R. CARR, Appellant, v. BEVERLY HILLS CORPORATION, a corporation, John P. Lordan, Maynard Brandsma, Francis E. Browne, Robert W. Langley, Harry F. Dietrich, and Ross J. Ferrar, Appellees. No. 14349. United States Court of Appeals Ninth Circuit. May 23, 1956. Rehearing Denied July 31, 1956. George E. Danielson, Los Angeles, Cal., Thomas Dodd Healy, Chicago, Ill., for appellant. Latham & Watkins, Ira M. Price, II, Charles E. Horning, Jr., Gibson, Dunn & Crutcher, Henry F. Prince, Frederic H. Sturdy, Los Angeles, Cal., for appellee. Before STEPHENS, FEE and CHAMBERS, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 Appellant Carr, who was plaintiff in the District Court, owned 400, or 1.6% of the 24,521 outstanding shares of stock of Beverly Hills Corporation. This is a stockholders derivative action in which the corporation, four former members of its Board of Directors and two present officers thereof, one of whom is presently, and at the time complained of was, a member of the Board thereof, were joined as defendants. The complaint alleged that the individual defendants negligently and fraudulently managed the affairs of Beverly Hills during the period…