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UNITED STATES v. SIEGEL

No. 9012.

52 F.2d 63 (1931)

UNITED STATES v. SIEGEL et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied October 8, 1931.

Attorney(s) appearing for the Case

George C. Dyer, Asst. U. S. Atty., of St. Louis, Mo., and Edward H. Horton, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (Louis H. Breuer, U. S. Atty., of Rolla, Mo., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for the United States.

Rhodes E. Cave, of St. Louis, Mo. (P. Taylor Bryan, George H. Williams, James C. Jones, Lon O. Hocker, and Frank H. Sullivan, all of St. Louis, Mo., on the brief), for appellees.

Before STONE and GARDNER, Circuit Judges, and MARTINEAU, District Judge.

GARDNER, Circuit Judge.

In 1919 Alfred J. Siegel, appellees' testate, was the owner of 255 shares of the capital stock of the Third National Bank of St. Louis, Mo. During that year the Third National Bank, the Mechanics-American National Bank, and the St. Louis Union National Bank, all located in St. Louis, Mo., entered into an agreement of consolidation or merger. This agreement provided that consolidation was to be effected under the charter of the

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