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Issue:
WON the plaintiffs, not being stockholders in
corporation, had a legal right to proceed the case? YES
the
Held:
The court below held that the corporation Teal and
Company is a necessary party plaintiff and that the
plaintiff stockholders, not having made any demand
on the Board to bring the action, are not the proper
parties plaintiffs. But, like most rules, the rule in
question has its exceptions. It is alleged in the
complaint and, consequently, admitted through