LOCKHART IRON & STEEL CO. v. O'TOOLE

No. 8430.

22 F.Supp. 919 (1938)

LOCKHART IRON & STEEL CO. v. O'TOOLE, Collector of Internal Revenue.

District Court, W. D. Pennsylvania.

February 14, 1938.


Attorney(s) appearing for the Case

Wright & Rundle, of Pittsburgh, Pa., for plaintiff.

Chas. F. Uhl, U. S. Atty., of Pittsburgh, Pa., for defendant.


SCHOONMAKER, District Judge.

Defendant has filed an affidavit of defense raising a question of law as to whether the plaintiff's statement of claim sets forth a good cause of action.

The facts disclosed by the statement of claim are these:

The plaintiff, a Pennsylvania corporation, with a capital of $3,000,000, at a meeting of its directors held on March 2, 1923, adopted the following motion: "On motion of T. J. Gillespie, seconded by James H. Lockhart...

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