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WILLHEIM v. MURCHISON

206 F.Supp. 733 (1962)

Else WILLHEIM and Randolph Phillips, Plaintiffs, v. John D. MURCHISON and Clint W. Murchison, Jr., co-partners d/b/a Murchison Brothers, et al., Defendants.

United States District Court S. D. New York.

June 28, 1962.

Attorney(s) appearing for the Case

Randolph Phillips, pro se, New York City, Leonard I. Schreiber, New York City, for Else Willheim.

Townley, Updike, Carter & Rodgers, New York City, for defendants Murchison (Stuart N. Updike, New York City, of counsel).

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for defendant Investors Mutual, Inc. (Philip C. Potter, Jr., New York City, of counsel).

Debevoise, Plimpton & McLean, New York City, for defendant Investors Diversified Services, Inc. (Samuel E. Gates, New York City, of counsel).

DAWSON, District Judge.

This application raises the question as to whether a stockholder of a corporation, who is not himself a lawyer, may bring a derivative stockholders action for the benefit of the corporation and at the same time act pro se in the legal proceedings incident thereto.*

This is an action brought by Else Willheim and Randolph Phillips derivatively, as stockholders of Investors Mutual, Inc., a registered...

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