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HOTTENSTEIN v. YORK ICE MACHINERY CORPORATION

No. 8097.

136 F.2d 944 (1943)

HOTTENSTEIN et al. (MOORE, Intervenor) v. YORK ICE MACHINERY CORPORATION.

Circuit Court of Appeals, Third Circuit.

Decided June 15, 1943.

Attorney(s) appearing for the Case

Richard J. Mackey, of New York City, for appellant.

Aaron Finger and Robert H. Richards, both of Wilmington, Del. (George S. Munson, of Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

The intervening plaintiff, the appellant in the case at bar, is the owner of 50 shares of 7% cumulative preferred stock issued by the defendant York Ice Machinery Corporation, a Delaware corporation. The defendant was incorporated on March 22, 1927. On January 25, 1941 the outstanding capital stock of the defendant consisted of 56,371 shares of cumulative preferred stock1

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