ATWELL, Chief Judge.
Plaintiff styles his action as one under the Securities Exchange Act of 1934, and alleges that he is a stockholder of defendant Kirby Petroleum Company, a Delaware corporation, and brings his action in the name and behalf of Kirby Petroleum Company, pursuant to section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78p(b).
He further alleges that the Kirby Petroleum Company consists of 500,000 shares of non-voting preferred...
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