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ZAHN v. TRANSAMERICA CORPORATION

No. 9056.

162 F.2d 36 (1947)

ZAHN v. TRANSAMERICA CORPORATION.

Circuit Court of Appeals, Third Circuit.

Reargued January 21, 1947.

Decided June 30, 1947.

Attorney(s) appearing for the Case

Samuel Handloff, of Wilmington, Del. (Samuel J. Levinson, and Frank Weinstein, both of New York City, on the brief) for appellant.

Edwin D. Steel, Jr., of Wilmington, Del., (Morris, Steel, Nichols & Arsht, of Wilmington, Del., on the brief), for appellee.

Daniel O. Hastings, of Wilmington, Del., amicus curiae.

Before BIGGS, MARIS, GOODRICH, McLAUGHLIN, O'CONNELL, and KALODNER, Circuit Judges.

BIGGS, Circuit Judge.

Zahn, a holder of Class A common stock of Axton-Fisher Tobacco Company, a corporation of Kentucky, sued Transamerica Corporation, a Delaware company, on his own behalf and on behalf of all stockholders similarly situated, in the District Court of the United States for the District of Delaware. His complaint as amended asserts that Transamerica caused Axton-Fisher to redeem its Class A stock at $80.80 per share on July 1, 1943, instead of permitting...

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