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DREXEL v. LOOMIS

No. 8309.

35 F.2d 800 (1929)

DREXEL et al. v. LOOMIS et al.

Circuit Court of Appeals, Eighth Circuit.

November 4, 1929.

Attorney(s) appearing for the Case

Alfred G. Ellick, of Omaha, Neb. (Francis A. Brogan and Anan Raymond, both of Omaha, Neb., on the brief), for appellants.

F. H. Gaines, of Omaha, Neb. (E. G. McGilton, R. A. Van Orsdel, and F. S. Gaines, all of Omaha, Neb., on the brief), for appellee Loomis.

Arthur Mullen, Halleck F. Rose, and Edgar M. Morsman, Jr., all of Omaha, Neb., and Woods, Woods & Aitken, of Lincoln, Neb., for appellees Frank H. Woods and others.

Before KENYON and VAN VALKENBURGH, Circuit Judges, and MARTINEAU, District Judge.

VAN VALKENBURGH, Circuit Judge.

September 30, 1922, M. E. Smith & Co., Inc., a Nebraska corporation, was doing a wholesale dry goods business in Omaha. It had been so engaged for more than 50 years. Its capital stock outstanding consisted of the following:

  First preferred .................... $  887,900 00
  Second preferred ...................    976,600 00
  Common .............................  1,500 000 00

As found by the referee...

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