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WINGATE v. BERCUT

No. 10550.

146 F.2d 725 (1944)

WINGATE v. BERCUT et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 31, 1945.

Attorney(s) appearing for the Case

A. J. Scampini, Ellis & Steindorf, and C. T. Hubner, all of San Francisco, Cal., and Ivan Culbertson, of Wilmington, Del., for appellant.

George M. Naus and Louis H. Brownstone, both of San Francisco, Cal., for appellees Bercut & Bercut.

J. A. Pardini and Elda Granelli, both of San Francisco, Cal., for appellees Maffei & Arnold.

Before WILBUR, GARRECHT, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

Plaintiff-appellant as receiver in equity of Pacific Empire Holdings, Incorporated, a Delaware corporation, brought action against several California citizens to be declared owner and entitled to the possession of 78,358 shares of stock in Merchants Ice & Cold Storage Company and to recover any profits made by defendants from their holding of such shares. The shares in question represented a controlling interest in the stock of Merchants...

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