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SUMMERS v. McDERMOTT

No. 8274.

138 F.2d 338 (1943)

SUMMERS v. McDERMOTT et al.

Circuit Court of Appeals, Third Circuit.

Decided October 27, 1943.

Attorney(s) appearing for the Case

Gerald A. Gleeson, of Philadelphia, Pa. (Walter S. Keown, of Camden, N. J., of counsel), for appellant.

L. Scott Cherchesky, of Camden, N. J., for appellee.

Before GOODRICH and McLAUGHLIN, Circuit Judges, and KIRKPATRICK, District Judge.

McLAUGHLIN, Circuit Judge.

This is a conspiracy action. Plaintiff had been a stockholder in a brewery corporation. The defendants are McDermott, the president, and Penza, Jr., treasurer of the concern. The other two defendants named, were eliminated, on motion, prior to trial. Plaintiff contends that the defendants wrongfully deprived him of his stock in the company. In the District Court, at the end of the plaintiff's case, there was a direction of verdict in favor...

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