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BERNARD v. SHURE

Docket No. 4270.

111 Cal.App.2d 920 (1952)

245 P.2d 370

FLOYD C. BERNARD, Plaintiff, v. JOSEPH SHURE et al., Respondents; MIDWAY ENTERPRISES, INC. (a Corporation), Appellant.

Court of Appeals of California, Fourth District.

June 23, 1952.

Attorney(s) appearing for the Case

McLeod & McLeod, Gray, Cary, Ames & Frye for Appellant.

Luce, Forward, Kunzel & Scripps for Respondents.

Edmund G. Brown, Attorney General, and Ralph W. Scott, Deputy Attorney General, as Amici Curiae for Commissioner of Corporations.

BARNARD, P.J.

This appeal involves the cancellation of certain shares of stock in Midway Enterprises, Inc., which was organized for the purpose of operating drive-in motion picture theaters.

Four persons, including the plaintiff Bernard and the defendant Joseph Shure, had operated certain theaters as a partnership. In June, 1948, they caused this corporation to be organized under the laws of Nevada, with a capitalization...

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