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McMILLAN v. NATIONAL WOOL WAREHOUSE & STORAGE CO.

Nos. 5348, 5349.

28 F.2d 793 (1928)

McMILLAN v. NATIONAL WOOL WAREHOUSE & STORAGE CO. FALK MERCANTILE CO., Limited, et al. v. SAME.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied November 30, 1928.

Attorney(s) appearing for the Case

Conley, Conley & Conley, of Fresno, Cal., and Richards & Haga, of Boise, Idaho, for plaintiff in error.

Richards & Haga, of Boise, Idaho, for appellants Boise City Nat. Bank, McMillan, and St. Clair, trustee.

Chas. M. Kahn, of Boise, Idaho, for appellant Falk Mercantile Co.

Dean Driscoll, of Boise, Idaho, for defendant in error and appellee.

Before GILBERT and RUDKIN, Circuit Judges, and ST. SURE, District Judge.

PER CURIAM.

The McMillan Sheep Company, Limited, was organized as a corporation under the laws of the state of Idaho in 1909, and the entire authorized capital stock of $100,000 was issued to Thomas McMillan. In 1910 McMillan sold and transferred $75,000 par value of the capital stock to Hugh Sproat, a nephew, and in 1917, or 1918, the remaining $25,000 par value to two other nephews, Dave and Rex Sproat. Since the date of these transfers the three nephews have been...

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