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BEURY v. BEURY

No. 411.

127 F.Supp. 786 (1954)

Ella Fischer BEURY and John Farr Simons; Winifred F. Beury; Susannah Beury Keller; James P. Beury, Jr.; and Emily Beury Widmann, Plaintiffs, v. William BEURY, Samuel G. Wygal and William L. Osborne, William Martz Beury and John Beury Gallaudet, Virginia P. Fox Beury, The Algoma Coal and Coke Company, The Virginia B. Coal Company, Wyborn Coal Company, Bluestone Coal Corporation, and Eureka Contracting Company, Defendants.

United States District Court, S. D. West Virginia, Bluefield Division.

November 30, 1954.

Attorney(s) appearing for the Case

Steptoe & Johnson, Stanley C. Morris, Edward W. Eardley, Charleston, W. Va., Scarborough & Harris, Arthur R. Harris, Edwin P. Rome, Philadelphia, Pa., for plaintiffs.

Richardson, Hudgins & Hancock, George Richardson, Jr., Bluefield, W. Va., Sanders & Sanders, Joseph M. Sanders, Bluefield, W. Va., Crockett & Tutwiler, Joseph M. Crockett, Welch, W. Va., for defendants.

MOORE, Chief District Judge.

This is a stockholders' derivative action. The complaint contains a series of allegations of acts of the defendants individually and as officers and directors of various corporations, also joined as defendants, which plaintiffs say constitute a conspiracy and fraud perpetrated upon them to their great damage. Plaintiffs are citizens of Pennsylvania and New Jersey. Defendant William Martz Beury is a citizen of Maryland; John Beury Gallaudet...

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