Civil Procedure Keyed to Field
Webster Eisenlohr, Inc. v. Kalodner
Speese brought a lawsuit against Plaintiff on behalf of all preferred shareholders. The suit alleged that Plaintiff had defaulted on dividend payments to the preferred shareholders which now vested full voting power in the preferred shareholders. After the litigation had begun, Plaintiff sent a letter to all preferred shareholders, explaining the lawsuit and offering to purchase their preferred shares. Speese and several other in the class sold their shares to Plaintiff. Defendant felt this solicitation was improper and appointed a special master to investigate the matter. Plaintiff objected and filed a petition seeking a writ of mandamus ordering the vacation of the appointment and a prohibition preventing the special master from carrying out his investigation.
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