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TROUP v. McCART

No. 16022.

238 F.2d 289 (1956)

William J. TROUP, Appellant, v. Harold F. McCART et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 15, 1957.

Attorney(s) appearing for the Case

Thomas E. Skinner, Birmingham, Ala., A. C. Latimer, Atlanta, Ga., Horace C. Wilkinson, Birmingham, Ala., of counsel, Wilkinson & Skinner, Birmingham, Ala., Carter, Latimer & Savell, Atlanta, Ga., for appellant.

Wm. F. Buchanan, Newell Edenfield, Lamar W. Sizemore, Atlanta, Ga., for appellees.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

CAMERON, Circuit Judge.

Appellant Troup (hereinafter called plaintiff) brought this action on behalf of himself and the certificate-holding members of Acme Life Insurance Society (called Society), against Acme United Life Insurance Company (called Company), Harold F. McCart and twelve other individuals constituting the officers and directors of the Company, hereinafter referred to as defendants.

The gravamen of the action was that McCart and the other individual...

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