PHILADELPHLA v. PHILA. T. Co.


386 Pa. 231 (1956)

Philadelphia v. Philadelphia Transportation Co., Appellant.

Supreme Court of Pennsylvania.

October 18, 1956.


Attorney(s) appearing for the Case

Hamilton C. Connor, Jr., with him Peter Platten, Allen Hunter White, and Ballard, Spahr, Andrews & Ingersoll, for appellants.

David Berger, City Solicitor, with him William D. Valente and Jacob J. Siegal, Assistant City Solicitors, and Levy Anderson, First Deputy City Solicitor, for appellees.

Before STERN, C.J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. CHIEF JUSTICE HORACE STERN, October 18, 1956:

This is an appeal from the grant of a preliminary injunction restraining the payment of a dividend to its stockholders by the Philadelphia Transportation Company.

The dividend in question — one of thirty cents on each share of the common stock of the Company, payable October 1, 1956, — was declared by the Board of Directors on August 28, 1956. The action thus taken was over the objection...

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