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ALTMAN v. CENTRAL OF GEORGIA RAILWAY COMPANY

No. 72-1153.

488 F.2d 1302 (1973)

Oscar L. ALTMAN et al., Appellants, v. CENTRAL OF GEORGIA RAILWAY COMPANY.

United States Court of Appeals, District of Columbia Circuit.

Decided November 8, 1973.

Attorney(s) appearing for the Case

Victor A. Altman, Washington, D. C., for appellants.

James Hamilton, Washington, D. C., with whom Charles A. Horsky, Washington, D. C., was on the brief, for appellee.

Before BAZELON, Chief Judge, and McGOWAN and MacKINNON, Circuit Judges.

McGOWAN, Circuit Judge:

In an action to compel the payment of dividends, the District Court, on cross-motions for summary judgment, ruled that the claim was no longer maintainable because of the supervening circumstance of an Interstate Commerce Commission order approving a corporate consolidation and, as an incident thereof, providing compensation, as required by the Interstate Commerce Act, for the just and reasonable value of the minority shares. The District Court...

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