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PHILIPBAR v. DERBY

No. 431.

85 F.2d 27 (1936)

PHILIPBAR et al. v. DERBY et al.

Circuit Court of Appeals, Second Circuit.

July 13, 1936.

Attorney(s) appearing for the Case

Samuel Zirn, of New York City, for appellants.

Strange, Myers, Hinds & Wight, of New York City (Frank C. Mebane, Jr., of New York City, and Roger Hinds, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an appeal from a decree dismissing a shareholders' bill in equity against the Derby Oil & Refining Corporation and six of its nine directors, for lack of jurisdiction over the corporation, an indispensable party; the plaintiffs also assign as error the denial of a motion to remand the suit to the state court. The suit was begun by the service of a summons upon the defendant Derby while he was temporarily within the state on April...

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