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McDONOUGH v. KELLOGG

Civ. A. No. 67-C-9-C.

295 F.Supp. 594 (1969)

Bernard P. McDONOUGH and Alma McDonough, Plaintiffs, v. Marion K. KELLOGG, Defendant.

United States District Court W. D. Virginia, Charlottesville Division.

January 13, 1969.

Attorney(s) appearing for the Case

Herbert G. Underwood, Clarksburg, W. Va., and Charles Haugh, Jr., Charlottesville, Va., for plainitffs.

Thomas S. Currier, Charlottesville, Va., for defendant.

OPINION and JUDGMENT

DALTON, Chief Judge.

The plaintiffs, Bernard P. McDonough and his wife, bring this diversity action under 28 U.S.C.A. § 1332, claiming that the defendant, Marion K. Kellogg, and others wrongfully interfered with and deprived them of their right to vote, by proxies, 73,137 shares of stock in Copeland Refrigeration Corporation (hereinafter referred to as Copeland). The McDonoughs allege further that because their proxies were not...

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