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CHERRY v. HOWELL

No. 231.

66 F.2d 713 (1933)

CHERRY et al. v. HOWELL et al.

Circuit Court of Appeals, Second Circuit.

September 12, 1933.

Attorney(s) appearing for the Case

Ernst, Fox & Cane, of New York City (Jerome Michael and Pincus Berner, both of New York City, of counsel), for appellants.

Harper & Matthews, of New York City (Harold Harper, of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

This suit was begun in the Supreme Court of the State of New York, County of Queens, and removed into the court below. The plaintiffs are two out of a large number of persons who own class D bonds of Southern Guarantee Loan Company, a Georgia investment corporation. The named defendants are two of the corporation's directors who held office during the years in which occurred the transactions complained of. Only Clark Howell was served. The suit...

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