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McCLUNG v. HILL

No. 8683.

96 F.2d 236 (1938)

McCLUNG et al. v. HILL et al.

Circuit Court of Appeals, Fifth Circuit.

April 14, 1938.

Attorney(s) appearing for the Case

C. W. Watts and Arthur W. Jordan, both of Clearwater, Fla., and F. T. Peebles, of Dunedin, Fla., for appellants.

R. W. Withers, of Tampa, Fla., and Harry L. Thompson and Edgar John Phillips, both of Clearwater, Fla., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

When, in September, 1936, Whitesell-McClung Hardware Company was dissolved by proclamation of the Governor, pursuant to chapter 16880, Laws of Florida, 1935, for failure to pay franchise taxes, appellants were minority stockholders, and with S. A. Whitesell, its president, constituted the board of directors of the corporation. Thereafter, though, under Whitesell's management the corporation continued to do business, the internal dissension...

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