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MERGER MINES CORPORATION v. GRISMER

No. 10244.

137 F.2d 335 (1943)

MERGER MINES CORPORATION et al. v. GRISMER et al.

Circuit Court of Appeals, Ninth Circuit.

July 27, 1943.

Attorney(s) appearing for the Case

R. W. Nuzum and Wilmot W. Garvin, both of Spokane, Wash., for appellants.

H. J. Hull, of Wallace, Idaho, and Arnold L. Graves and Graves, Kizer & Graves, all of Spokane, Wash., for appellees.

John F. Davis, Sol., Milton V. Freeman, Asst. Sol., and Louis Loss and Arnold R. Ginsburg, Attys., Securities and Exchange Commission, of Philadelphia, Pa., for amicus curiae Securities and Exchange Commission.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

GARRECHT, Circuit Judge.

A bill was filed in the lower court to compel the appellants to make an accounting for the shares lent to the corporation by the Pearsons, and for the assessments thereon. The appellees prayed that the appellant corporation have judgment against the Pearsons for the amount found to be due after such accounting; or in the alternative, that the court decree that the Pearsons have no interest in the shares, which would then be declared the property...

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