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SMARTT v. COCA-COLA BOTTLING CORPORATION

No. 15026.

318 F.2d 447 (1963)

J. Polk SMARTT and Isabel Smartt, Plaintiffs-Appellants, v. COCA-COLA BOTTLING CORPORATION (Sued as Cincinnati Coca-Cola Bottling Co.), Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 18, 1963.

Attorney(s) appearing for the Case

Sizer Chambliss, Chattanooga, Tenn., John A. Chambliss, Chattanooga, Tenn., on brief; Chambliss, Chambliss & Hodge, Chattanooga, Tenn., of counsel, for appellants.

Robert T. Keeler, Cincinnati, Ohio, Taft, Stettinius & Hollister, David W. Matthews, Cincinnati, Ohio, Witt, Gaither, Abernathy, Caldwell & Wilson, by John P. Gaither, Chattanooga, Tenn., on brief, for appellee.

Before WEICK, Circuit Judge, and BOYD and THORNTON, District Judges.

BOYD, District Judge.

This is a suit for a declaratory judgment and injunction in which the plaintiffs seek to have their rights declared as to a proposed reorganization plan of the defendant corporation, and to enjoin the corporation from "adversely affecting the rights of the plaintiffs and all other holders of Class `A' stock." Plaintiffs allege that defendant, seeking to serve the interest of Class "B" stockholders, sent notice to all stockholders of a proposed...

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