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SQUIRES v. BALBACH COMPANY

No. 35617.

129 N.W.2d 462 (1964)

177 Neb. 465

Louise Kountze SQUIRES, John C. Kirmse and all shareholders of the Preferred Stock of The Balbach Company similarly interested, Appellants, v. The BALBACH COMPANY, The Engler Company and Paul E. Engler, Appellees.

Supreme Court of Nebraska.

July 3, 1964.

Attorney(s) appearing for the Case

Morsman, Fike, Sawtell & Davis, Renne Edmunds, Omaha, of counsel, for appellants.

Finlayson McKie & Kuhns, Omaha, for appellees.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

BROWER, Justice.

This action was brought in the district court for Douglas County, Nebraska, by Louise Kountze Squires and John C. Kirmse as plaintiffs on their own behalf and on behalf of all holders of preferred stock of The Balbach Company, against The Balbach Company, The Engler Company, and Paul E. Engler, defendants. Its object is to procure a declaratory judgment determining the amount per share they and the other preferred stockholders similarly situated should...

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