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W. T. GRANT CO. v. DUGGAN

No. 151.

94 F.2d 859 (1938)

W. T. GRANT CO. v. DUGGAN.

Circuit Court of Appeals, Second Circuit.

February 14, 1938.

Attorney(s) appearing for the Case

Wollman & Wollman, of New York City (Edward S. Seidman and Achilles H. Kohn, both of New York City, of counsel), for appellant.

Lamar Hardy, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The plaintiff is a Delaware corporation which had outstanding 538,900 shares of no-par value stock in October, 1929. During that month it issued a like number of new shares to its stockholders, share for share. To comply with the requirements of Delaware law $1 for each share of the new issue was transferred from surplus account to capital account on the books of the corporation on October 25, 1929, the date on which certificates for the new shares...

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