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McROBERTS v. INDEPENDENT COAL & COKE CO.

Nos. 7177, 7178.

15 F.2d 157 (1926)

McROBERTS et al. v. INDEPENDENT COAL & COKE CO. et al. SAME v. TONKIN.

Circuit Court of Appeals, Eight Circuit.

October 7, 1926.

Attorney(s) appearing for the Case

Helm Bruce, of Louisville, Ky. (Joseph A. Weil, of Peoria, Ill., and Benjamin S. Crow, of Salt Lake City, Utah, on the brief), for appellants.

Mahlon E. Wilson, of Salt Lake City, Utah (Albert R. Barnes, of Salt Lake City, Utah, on the brief), for appellees.

Before STONE, KENYON, and BOOTH, Circuit Judges.

STONE, Circuit Judge.

These are appeals from dismissal of a bill in equity.

This is a bill by several stockholders of the Independent Coal & Coke Company against that company and John H. Tonkin to cancel an option and contract for the sale of all of the assets of the company to Tonkin and to enjoin the company and Tonkin from carrying out such contract.

To the amended bill, separate motions to dismiss were filed. The one as to the company was based...

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