COLLINS v. PORTLAND ELECTRIC POWER CO.

Nos. 4740, 4741.

12 F.2d 671 (1926)

COLLINS v. PORTLAND ELECTRIC POWER CO. et al. KURTZ et al. v. COLLINS et al. COLLINS v. KURTZ et al.

Circuit Court of Appeals, Ninth Circuit.

April 30, 1926.


Attorney(s) appearing for the Case

Earl C. Bronaugh, of Portland, Or. (Robert T. Swaine, of New York City, New York, of counsel), for Collins.

Griffith, Peck & Coke, of Portland, Or., for Portland Electric Power Co.

Paul C. Wagner, Henry A. McCarthy, Percy H. Clark, and Joseph S. Clark, all of Philadelphia, Pa., for Kurtz and others.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


GILBERT, Circuit Judge (after stating the facts as above).

The two suits present the same controversy from the viewpoint of diverse interests. They were heard together in the court below, and by the appeals and the cross-appeal they are brought to this court and are here presented as a single controversy.

It is the contention of the cross-appellants that their stock contract gives them the right to receive dividends in preference to the common stock at 6 per...

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