WATERS v. DISBROW & CO.

No. 9773.

70 F.2d 572 (1934)

WATERS et al. v. DISBROW & CO. et al.

Circuit Court of Appeals, Eighth Circuit.

April 2, 1934.


Attorney(s) appearing for the Case

William J. Hotz, of Omaha, Neb. (Reed A. Flickinger, of Council Bluffs, Iowa, and Ernest H. Struve, of Clinton, Iowa, on the brief), for appellants.

Winthrop B. Lane, of Omaha, Neb. (Arthur R. Wells, Paul L. Martin, Casper Y. Offutt, and Harry C. De Lamatre, all of Omaha, Neb., on the brief), for appellees Disbrow & Co., Maynard C. Cole, Oscar F. Ellison, Maynard B. Copeland, and Ernest L. Glover.

Kenneth S. Finlayson, of Omaha, Neb. (Finlayson, Burke & McKie, of Omaha, Neb., on the brief), for appellee First Nat. Bank of Omaha.

Before GARDNER, VAN VALKENBURGH, and BOOTH, Circuit Judges.


BOOTH, Circuit Judge.

This is an appeal by plaintiffs from a decree in a stockholders' suit, brought on account of certain alleged ultra vires transactions on the part of the corporation, M. A. Disbrow & Company.

At the outset we are met with the question of jurisdiction. It is conceded that there is diversity of citizenship between the plaintiffs and the defendants as named in the bill, the former being citizens of Iowa and the latter citizens of Nebraska...

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