SHEEHAN v. DANA

No. 13458.

163 F.2d 316 (1947)

SHEEHAN et al. v. DANA.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied September 2, 1947.


Attorney(s) appearing for the Case

Maurice P. Wolk, Sp. Asst. to Atty. Gen. (Sewall Key, Acting Asst. Atty. Gen., Lee A. Jackson and Wm. B. Waldo, Sp. Assts. to Atty. Gen., Mr. Harry C. Blanton, U. S. Atty., of Sikeston, Mo., and Rosemary M. Ramsey, Asst. U. S. Atty., of St. Louis, Mo., on the brief), for appellants.

William H. Biggs, of St. Louis, Mo. (Davis Biggs and Biggs, Curtis & Crossen, all of St. Louis, Mo., on the brief), for appellee.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.


RIDDICK, Circuit Judge.

In 1914 the Charter Oak Stove and Range Company, a Missouri corporation, had outstanding 4,000 shares of $100 par value common stock. The business of the company was expanding, and it was in need of additional capital. To provide the needed capital, stock dividends of $100,000 were declared out of surplus in each of the years 1914, 1920, and 1923.

Substantial cash dividends were paid by the company from 1914 to 1934, but the years 1921...

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