DOHERTY v. MUTUAL WAREHOUSE COMPANY

No. 16972.

255 F.2d 489 (1958)

Cornelius H. DOHERTY, Appellant, v. The MUTUAL WAREHOUSE COMPANY and Robert K. Terry, Appellees.

United States Court of Appeals Fifth Circuit.

May 16, 1958.


Attorney(s) appearing for the Case

Cornelius H. Doherty, in pro. per.

Thos. B. Hill, Jr., James J. Carter, Henry C. Meader, Hill, Hill, Stovall & Carter, Montgomery, Ala., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and CAMERON, Circuit Judges.


RIVES, Circuit Judge.

This action is by a minority shareholder against a corporation to compel declaration and payment of dividends. The averments of the complaint are recited at some length in a former opinion, as a result of which the cause was remanded for a trial on the merits.1

Upon the trial, most of the averments of abuse of discretion on the part of the directors were abandoned by the plaintiff, who declined to testify...

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