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COHEN v. AMERICAN WINDOW GLASS CO.

No. 160.

126 F.2d 111 (1942)

COHEN et al. v. AMERICAN WINDOW GLASS CO.

Circuit Court of Appeals, Second Circuit.

February 26, 1942.

Attorney(s) appearing for the Case

Meyer Kraushaar, of New York City, for appellants.

Arthur B. Brenner, of New York City (Van Vorst, Siegel & Smith, of New York City, on the brief), for appellee.

Before L. HAND, CHASE, and C. E. CLARK, Circuit Judges.

C. E. CLARK, Circuit Judge.

This action was brought by plaintiffs as shareholders of the defendant corporation, alleging the illegality of payment of a dividend and the inequity of a proposed merger of the defendant and a wholly owned subsidiary. Jurisdiction was based on the diversity of citizenship of the parties, with the amount involved exceeding $3,000. Defendant moved to dismiss on grounds of failure to state a claim upon which relief could be granted, of lack...

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