Defendants move for dismissal of the complaint pursuant to subdivisions 2 and 4 of rule 106 of the Rules of Civil Practice. They are charged as officers and directors of the corporation with fraudulently and wrongfully withdrawing and syphoning off to their own use assets belonging to the plaintiff, and that these wrongs occurred prior to July 1, 1959. Ordinarily this would be a stockholders' suit, but the action is brought by the corporation...
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