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KOHLER v. HUMPHREY

No. 12662.

174 F.2d 946 (1949)

KOHLER (HIBERNIA BANK & TRUST CO., Intervener) v. HUMPHREY et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 21, 1949.

Attorney(s) appearing for the Case

Bertrand I. Cahn and Sidney G. Roos, New Orleans, La., W. Herbert Hodges, Atlanta, Ga., Richard A. Dowling, New Orleans, La., for intervener-appellant.

William G. McRae and Harry W. Belfor, Atlanta, Ga., for plaintiff-appellant.

Arthur A. Moreno, New Orleans, La., for appellee.

Before HUTCHESON, SIBLEY, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

The original nature of the case sufficiently appears in Kohler v. McClellan, 5 Cir., 156 F.2d 908. It was there treated as a stockholders' derivative action in behalf of the corporation (referred to as Crescent) against McClellan, who was a director and the president of the corporation, and against other persons, some of whom were also directors. Crescent was by amendment...

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