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PERSONAL INDUSTRIAL BANKERS v. CITIZENS BUDGET CO.

No. 6812.

80 F.2d 327 (1935)

PERSONAL INDUSTRIAL BANKERS, Inc., v. CITIZENS BUDGET CO. OF DAYTON, OHIO, Inc., et al.

Circuit Court of Appeals, Sixth Circuit.

December 5, 1935.

Attorney(s) appearing for the Case

U. G. Denman, of Toledo, Ohio (William M. Matthews and Matthews & Matthews, all of Dayton, Ohio, and Denman, Miller & Beatty, of Toledo, Ohio, on the brief), for appellant.

W. S. McConnaughey, of Dayton, Ohio (McConnaughey, Demann & McConnaughey, of Dayton, Ohio, on the brief), for appellees.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The controversy is between the common and the preferred stockholders of the appellee Budget Company, and involves the right of the preferred stockholders to vote upon a resolution fixing the number of the board of directors within limits provided by its charter, or at the election of directors. The bill sought to enjoin the preferred stockholders from voting, and the decree from which appeal is taken denied injunction and dismissed the bill...

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