RAYFIEL, District Judge.
The plaintiff herein moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A.
The parties agree as to the facts, which are as follows: the plaintiff, a New York corporation, had an authorized capital of 200,000 shares of $12 noncumulative second preferred stock, without par value, having a stated value of $36.25 per share, and 6,500 shares of common stock, the par value of which was $100 per...
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