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of directors and officers to be filed with the Nevada secretary
of state; these lists were signed by Dr. Tully as vice president
every year that they were filed, which included the year in which
the petition for this case was filed. The purported resignation
letters of Dr. Tully, if valid, involved his position only as a
director and not as an officer. The evidence shows that at the
time he signed the instant petition Dr. Tully was an authorized
officer of petitioner. Therefore, we find that Dr. Tully was a
person authorized to institute suit on behalf of petitioner. See
Rule 24(b).
To reflect the foregoing,
An order denying
respondent's motion will
be issued.
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Last modified: May 25, 2011