HOLLZER, District Judge.
It appearing that this cause has been submitted upon an agreed statement or stipulation of facts, in addition to the facts admitted by the pleadings herein; and it further appearing from such agreed statement of facts that on March 10, 1932, the board of directors of plaintiff corporation passed the following resolution, to wit: "Resolved, that out of the net earnings of the corporation, there be paid an annual dividend of $8.00 per share...
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