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ANDREWS v. DRAKE

No. 7185.

83 F.2d 767 (1936)

ANDREWS v. DRAKE et al.

Circuit Court of Appeals, Sixth Circuit.

May 8, 1936.

Attorney(s) appearing for the Case

A. M. Lowenthal and Stanley Osserman, both of New York City (Abraham M. Lowenthal, of New York City, on the brief), for appellant.

Hal H. Smith and Alex J. Groesbeck, both of Detroit, Mich. (Beaumont, Smith & Harris, Frank E. Cooper, Joseph A. Vance, Jr., Don M. Dixon, and Frank E. Robson, all of Detroit, Mich., on the brief), for appellees.

Before MOORMAN, HICKS, and ALLEN, Circuit Judges.

HICKS, Circuit Judge.

Bill in equity filed March 21, 1935, by J. Walter Drake, a stockholder in the Hupp Motor Car Corporation (hereafter called Hupp), against Hupp and six of its directors, to wit, Archie M. Andrews, Frederick Cardway, Emlen S. Hare, Walton G. Fitzgerald, John McGrath and Frank S. Lewis. Appellant Andrews was the largest stockholder of Hupp and chairman of its board. The suit was a class action on behalf of Drake and all other stockholders and the...

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