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BEURY v. BEURY

No. 6961.

222 F.2d 464 (1955)

Ella Fischer BEURY and John Farr Simons, Co-executors of the Estate of Charles E. Beury, deceased, et al., Appellants, v. William BEURY et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 9, 1955.

Attorney(s) appearing for the Case

Edward W. Eardley, Charleston, W. Va. (Stanley C. Morris, Charleston, W. Va., Arthur R. Harris, Philadelphia, Pa., Edwin P. Rome, Philadelphia, Pa., Steptoe & Johnson, Charleston, W. Va., and Scarborough & Harris, Philadelphia, Pa., on the brief), for appellants.

William H. Timbers, Gen. Counsel, Washington, D. C. (Thomas G. Meeker, Asst. Gen. Counsel, and Aaron Levy, Washington, D. C., Atty., on the brief), for Securities and Exchange Commission, amicus curiae.

George Richardson, Jr., Bluefield, W. Va. (Joseph M. Sanders, Joseph M. Crockett, Welch, W. Va., Richardson, Hudgins & Hancock, Sanders & Sanders, Bluefield, W. Va., and Crockett & Tutwiler, Welch, W. Va., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.

This is an appeal from an order quashing service of process upon two non-resident defendants in a stockholders' derivative action to recover damages against certain directors for alleged mismanagement and fraud on the corporation. The non-resident defendants were served on the theory that relief was asked under the Securities Exchange Act of 1934, 15 U.S.C.A. 78a et seq., as well as under common law and equitable principles. The judge below quashed the...

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