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INCOME FOUNDATION FUND, INC. v. C-F-M COMPANY

No. 15532.

336 F.2d 465 (1964)

INCOME FOUNDATION FUND, INC., Plaintiff-Appellant, v. C-F-M COMPANY and Loblaw, Inc., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

September 21, 1964.

Attorney(s) appearing for the Case

William E. Fowler, Jr., and C. Kenneth Clark, Jr., Youngstown, Ohio (Harrington, Huxley & Smith, Youngstown, Ohio, Thomas J. Donnelly, Houston & Houston, Pittsburgh, Pa., on the brief), for appellant.

Thomas M. Hyndman, Jr., Philadelphia, Pa. (Duane, Morris & Heckscher, Philadelphia, Pa., Arthur L. Dougan, Jones, Day, Cockley & Reavis, Cleveland, Ohio, on the brief), for C-F-M Co.

Ezra K. Bryan, Cleveland, Ohio (John C. Little, Baker, Hostetler & Patterson, Cleveland, Ohio, Irving Innerfield, Jaeckle, Fleischmann, Kelly, Swart & Augspurger, Buffalo, N. Y., on the brief), for Loblaw, Inc.

Before MILLER, PHILLIPS and EDWARDS, Circuit Judges.

EDWARDS, Circuit Judge.

This is an action based on federal diversity jurisdiction involving three corporations, each of which is incorporated in and has a principal place of business in a different state.

Plaintiff-appellant — a mutual fund — purchased and now owns debentures of defendant-appellee C-F-M Company of $160,000 face value. Plaintiff-appellant made its purchase of these bonds at discount prices between October 1961 and August 1962...

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