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KELLEY v. AMERICAN SUGAR REFINING CO.

No. 3912.

139 F.2d 76 (1943)

KELLEY v. AMERICAN SUGAR REFINING CO.

Circuit Court of Appeals, First Circuit.

November 29, 1943.

Attorney(s) appearing for the Case

Patrick Henry Kelley and Daniel J. Lyne, both of Boston, Mass. (Lyne, Woodworth & Evarts, of Boston, Mass., of counsel), for appellant.

Richard Wait, of Boston, Mass. (John L. Hall, of Boston, Mass., of counsel), for appellee.

Before MAHONEY and WOODBURY, Circuit Judges, and HEALEY, District Judge.

MAHONEY, Circuit Judge.

This action was brought by the plaintiff, a citizen of Massachusetts, against the defendant, a New Jersey corporation, conducting a sugar refinery in Boston, to recover the sum of $24,500 being the par value of two hundred shares of the general stock and the alleged proportionate share of the earned surplus of the corporation as of January 10, 1941. Jurisdiction is based on diversity of citizenship. The defendant filed a motion to dismiss on...

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