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HIGHLAND TANK & MFG. CO. v. DUERR

423 Pa. 487 (1966)

Highland Tank and Manufacturing Company, Appellant, v. Duerr.

Supreme Court of Pennsylvania.

September 27, 1966.

Attorney(s) appearing for the Case

Frank A. Orban, Jr., for appellant.

John B. Nicklas, Jr., with him Archibald M. Matthews, and McCrady & Nicklas, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE O'BRIEN, September 27, 1966:

Appellant, Highland Tank and Manufacturing Company, commenced an action of assumpsit against appellee, Frank A. Duerr, alleging that appellee, as its president, treasurer, and manager, abused his authority and made improper use of corporate funds, breaching his fiduciary duties to stockholders. During the pendency of the action, appellant voluntarily terminated its action of assumpsit and instituted a suit in equity...

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