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MIAMI BEACH FEDERAL SAVINGS & LOAN ASS'N v. CALLANDER

No. 17133.

256 F.2d 410 (1958)

MIAMI BEACH FEDERAL SAVINGS AND LOAN ASSOCIATION et al., Appellants and Cross-Appellees, v. Ralph M. CALLANDER et al., Appellees and Cross-Appellants. Ralph M. CALLANDER et al., Appellants and Cross-Appellees, v. MIAMI BEACH FEDERAL SAVINGS AND LOAN ASSOCIATION et al., Appellees and Cross-Appellants.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 11, 1958.

Attorney(s) appearing for the Case

David W. Dyer, Miami, Fla., Ray E. Dougherty, Washington, D. C., Samuel A. Brodnax, Jr., Miami, Fla., for appellants.

J. Edward Worton, Miami, Fla., for appellees.

Before HUTCHESON, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from an order and judgment of the district court, inter alia, directing that a special meeting of the shareholders of the Miami Beach Federal Savings and Loan Association be held for the purpose of electing directors to replace resigned directors and to fill the vacancies caused by an increase in the number of the directorate.

The suit was brought in the nature of a stockholders derivative action for a declaratory judgment...

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