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NICE BALL BEARING CO. v. BEARING JOBBERS

Nos. 10737, 10738.

205 F.2d 841 (1953)

NICE BALL BEARING CO. v. BEARING JOBBERS, Inc. et al. (two cases).

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 8, 1953.

Attorney(s) appearing for the Case

Frank F. Fowle, Jr., and W. McNeil Kennedy, Chicago, Ill. (Pope & Ballard, Chicago, Ill., Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., of counsel), for Nice Ball Bearing Co.

Floyd E. Thompson and Charles J. O'Laughlin, Chicago, Ill. (Johnston, Thompson, Raymond & Mayer, Chicago, Ill., of counsel), for Bearing Jobbers, Inc.

Before MAJOR, Chief Judge, and FINNEGAN and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

The plaintiff, Nice Ball Bearing Company, brought this action to compel the defendants M. H. Lescure and his wife, Marie M. Lescure, to recognize it as the owner of the capital stock of the defendant Bearing Jobbers, Inc., to have the Lescures issue in its name a new certificate for the stock, and for other appropriate relief. The defendants answered denying ownership of the stock in the plaintiff and averred that the plaintiff is barred by the...

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