NEW ERA MOTORS v. BURST

No. 9113.

53 F.2d 41 (1931)

NEW ERA MOTORS, Inc., et al. v. BURST et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied October 22, 1931.


Attorney(s) appearing for the Case

S. Mayner Wallace, of St. Louis, Mo. (T. M. Pierce, of St. Louis, Mo., on the brief), for appellants.

Robert A. Holland, Jr., of St. Louis, Mo. (Forrest C. Donnell and Jacob M. Lashly, both of St. Louis, Mo., on the brief), for appellees.

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


MARTINEAU, District Judge.

Appellants as plaintiffs filed a bill in equity, alleging that at times mentioned therein the Moon Motor Car Company had an authorized capital stock of five hundred thousand shares of no par value, of which only a hundred thousand shares were issued and outstanding prior to the times of the transactions complained of in their bill, and that it was and still is engaged in the manufacture and sale of automobiles; that at the time of the acts...

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