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MARDEL SECURITIES, INC. v. ALEXANDRIA GAZETTE CORPORATION

No. 8833.

320 F.2d 890 (1963)

MARDEL SECURITIES, INC., Appellee and Cross-Appellant, v. ALEXANDRIA GAZETTE CORPORATION, Appellee, and Charles C. Carlin, Jr., Appellant and Cross-Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 29, 1963.

Attorney(s) appearing for the Case

James H. Simmonds, Arlington, Va. (C. Wynne Tolbert, Arlington, Va., on brief), for appellee and cross-appellant, Mardel Securities, Inc.

Lawrence E. Blanchard, Jr., Richmond, Va., and John Barton Phillips, Alexandria, Va. (Hunton, Williams, Gay, Powell & Gibson, and John J. Adams, Richmond, Va., on brief), for appellant and cross-appellee, Charles C. Carlin, Jr.

Before SOBELOFF, Chief Judge, J. SPENCER BELL, Circuit Judge, and PREYER, District Judge.

PREYER, District Judge.

Mardel Securities, Inc., instituted this secondary action in its capacity as 48% minority stockholder of the Alexandria Gazette against the Gazette and its principal officer, Charles C. Carlin, Jr., the latter being the owner of 52% of the outstanding stock issued by the Gazette. Plaintiff alleges that Carlin is indebted to the Gazette in substantial amounts occasioned by reason of Carlin's ownership...

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