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B & H WAREHOUSE, INC. v. ATLAS VAN LINES, INC.

No. 72-3555.

490 F.2d 818 (1974)

B & H WAREHOUSE, INC., Plaintiff-Appellant, v. ATLAS VAN LINES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 6, 1974.

Attorney(s) appearing for the Case

Daniel H. Benson, Lubbock, Tex., W. D. Benson, Jr., Kingsland, Tex., for plaintiff-appellant.

James K. Presnal, Austin, Tex., Herbert Burstein, New York City, for defendant-appellee.

Before TUTTLE, DYER and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

This case involves plaintiff-shareholder's claim that the defendant corporation converted plaintiff's shares by restricting plaintiff's right to sell or transfer them. The restriction provides that before alienating the shares, plaintiff must offer them to the corporation at book value, which, plaintiff alleges, is significantly less than the true market value of the shares. Plaintiff seeks...

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