Lamm v. Parrot Silver & Copper Co.

Citations

• 111 F. 241
• 1901 U.S. App. LEXIS 4961

Syllabus

<p>Removal op Causes—Separable Controversy—Suit by Stockholders.</p> <p>A suit by stockholders of a corporation against such corporation and a second corporation, which, the hill alleges, has, through an unlawful combination, obtained a controlling interest in the first, and by virtue of such control has managed its business to the detriment of its stockholders, and for its own benefit, and where an injunction is prayed restraining the payment of dividends by the second corporation until an accounting has been made, is one in which the complainants in effect represent their corporation, and which involves a separable controversy as to the second corporation that entitles it to remove the cause where ,the other facts requisite to give a right of removal exist; and officers of the two corporations made defendants with a prayer for an accounting from all the defendants are merely formal parties, whose joinder does not defeat such right of removal, where no facts are alleged which entitle the complainants to relief against them as individuals.1</p>