281 F. 214 | D. Del. | 1922
After the opinion reported in 273 Fed. 946, was filed, the declaration was amended. It now states, in effect, that the defendants, in causing the alleged breach of contract, acted in concert, and that the means resorted to by the defendants to bring about such breach was stock ownership, used, not in the usual and normal manner, but for the purpose of exercising actual domination and control by the defendants over the property and affairs of Producers* Refining Company. The amended declaration has11 been demurred to by each of the defendants upon the grounds that stock ownership is not sufficient to create a liability on the part of the defendants for a breach of contract by Producers’ Refining Company; that the declaration is still wanting in particularity with respect to the means employed to bring about the alleged breach of contract; and, in view of the prior opinion, that the railway company is without any cause of action against the defendants, or either of them, and may not be joined as a party plaintiff.
Demurrer overruled.