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SEAGRAVE CORP. v. MOUNT

Nos. 11914, 11915.

212 F.2d 389 (1954)

SEAGRAVE CORP. v. MOUNT et al. SPAIN et al. v. MOUNT et al.

United States Court of Appeals, Sixth Circuit.

April 23, 1954.

Attorney(s) appearing for the Case

Walter M. Shohl, Cincinnati, Ohio (Allen I. Pretzman, Noel L. Greenlee, Columbus, Ohio, on the brief), for appellants.

George E. Netter, New York City, Robert S. Marx, Cincinnati, Ohio (Robert N. Gorman, Cincinnati, Ohio, Robert Dow Hamilton, Columbus, Ohio, on the brief), for appellees.

Before ALLEN, MARTIN and MILLER, Circuit Judges.

MILLER, Circuit Judge.

Appellees, minority stockholders in The Seagrave Corporation, hereinafter called Seagrave, brought a stockholders' derivative suit against Seagrave and its officers to enjoin them from carrying out a proposed transaction between Seagrave and Herbert A. Post, Incorporated, hereinafter called Post, which provided for the purchase by Seagrave from Post of all the common stock of The Fyr-Fyter Company, hereinafter called Fyr-Fyter, on the ground...

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