PORTER v. COOKE

No. 9831.

127 F.2d 853 (1942)

PORTER et al. v. COOKE et al. COOKE et al. v. PORTER et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 5, 1942.


Attorney(s) appearing for the Case

Geo. O. Durham, of St. Louis, Mo., and Edward S. Klein, of Shreveport, La., for appellant Fred Porter and others.

R. A. Fraser, of Many, La., and A. B. Freyer, of Shreveport, La., for appellee R. L. Gay.

Sidney M. Cook and C. D. Egan, both of Shreveport, La., for appellee Barclay Cooke and another.

Cecil Morgan, of Baton Rouge, La., and Clarence L. Yancey, of Shreveport, La., and T. M. Milling, of Baton Rouge, La., for appellee Standard Oil Co., of Louisiana.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

On the pleadings the suit was a class suit to hold the defendants as members with plaintiffs1 of a partnership enterprise, to charge the defendants with fraud upon, and breach of trust as to plaintiffs, and to lay claim to, and obtain the fruits of, properties of the partnership enterprise which it was charged the defendants had gotten hold of and were misappropriating to their own use.

The prayer was...

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