This is a civil action in the nature of a derivative stockholder's suit. The primary relief sought is to compel performance of an obligation of John B. Findlay, president and a director of Westerly Theatre Operating Company, Inc. (referred to hereafter as the Operating Company) to execute a sublease to the corporation of the United Theatre which has been operated by the corporation of the United Theatre which has been operated by the corporation for over 17 years, and which he has leased in his own name. Incidental relief by way of accounting for secret profits in connection with this theatre and another theatre property is also demanded.
The plaintiffs are all citizens of Massachusetts. The Westerly Theatre Operating Company, Inc. and The United Theatre Company are corporations incorporated under the laws of Rhode Island and John B. Findlay is a citizen of Connecticut.
The matter in controversy exceeds, exclusive of interest and costs, the sum or value of $ 3,000. The plaintiffs are respectively the owners of the following number of shares of common stock in the Westerly Theatre Operating Company, Inc.: Morris Pouzzner 249 sharesDora G. Pouzzner 50 "Dora G. Pouzzner, Trustee for Warren Pouzzner 100 "Oakley A. Kunz 1 "