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HILL v. THE PARTRIDGE COOPERATIVE EQUITY EXCHANGE

No. 38,665

174 Kan. 5 (1953)

254 P.2d 278

HENSLEY HILL, VERONICA MILLER, DOSS WHITE, EMMA KUYKENDALL, F.B. WHITE, CHAS. GRAVES, CHAS. DIXON, R.L. EVANS, BERNHARD KOESTEL, RUSSELL CROTTS, H.O. MILLER, AL. MILLER, JOHN DEUPSER, HAROLD KOESTEL, CLAUDIAN FOUNTAIN, F.E. KRAUSE, ROSS McCOY, FRED DELLENBAUGH, HARRY HILL, and O.L. WILLIAMS, Appellants, v. THE PARTRIDGE COOPERATIVE EQUITY EXCHANGE, a corporation, and Keith Anderson, Richard French, W.C. Pierce, C.E. Hamilton, F.E. Thompson, B.E. Tedder and Frank Schardein, as officers and directors of said corporation, Appellees.

Supreme Court of Kansas.

Opinion filed March 7, 1953.

Attorney(s) appearing for the Case

Don Shaffer and Abraham Weinlood, both of Hutchinson, were on the briefs for the appellants.

Roy C. Davis, Frank S. Hodge, Eugene A. White, Robert Y. Jones and H. Newlin Reynolds, all of Hutchinson, were on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

This was an action to enjoin the corporate defendant from increasing its capital. Plaintiffs were denied relief and have appealed.

In their petition filed April 12, 1950, plaintiffs alleged that The Partridge Cooperative Equity Exchange, hereafter referred to as the corporation, was a Kansas corporation and that the individual defendants were its officers and directors; that plaintiffs were owners...

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