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CUNNINGHAM v. SCHMITZ

Docket No. 21270.

137 Cal.App.2d 567 (1955)

290 P.2d 937

JAMES P. CUNNINGHAM, Plaintiff and Appellant; M.G. MASON, Cross-defendant and Appellant, v. CARL W. SCHMITZ et al., Respondents.

Court of Appeals of California, Second District, Division One.

December 6, 1955.

Attorney(s) appearing for the Case

Laurence J. Rittenband for Appellants.

Erwin P. Werner for Respondents.

DORAN, J.

The plaintiff, as assignee of cross-defendant, M.G. Mason, instituted this action to recover 6,000 shares of capital stock of Americol Petroleum, Inc. Respondents filed a cross-complaint against Cunningham and Mason, and others, seeking to be adjudged the owners of such stock and to compel the transfer of such shares on the books of the company. Subsequent to the transactions between the parties hereinafter set forth, the stock was split ten for one.

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