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INDEPENDENCE SHARES CORPORATION v. DECKERT

Nos. 7146, 7147.

108 F.2d 51 (1939)

INDEPENDENCE SHARES CORPORATION et al. v. DECKERT et al. PENNSYLVANIA CO. FOR INSURANCES ON LIVES AND GRANTING ANNUITIES v. SAME.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied December 20, 1939.

Attorney(s) appearing for the Case

Walter Biddle Saul, Francis H. Bohlen, Jr., and Saul, Ewing, Remick & Saul, all of Philadelphia, Pa., for appellant Pennsylvania Co. for Insurances on Lives and Granting Annuities.

Robert F. Irwin, Jr., George M. Kevlin, Joseph Whetstone, Harris J. Latta, Jr., Donahue, Irwin, Merritt & Gest, and Townsend, Elliott & Munson, all of Philadelphia, Pa., for appellants Independence Shares Corporation and others.

Harry Shapiro, of Philadelphia, Pa., for appellees.

Before BIGGS, CLARK, and JONES, Circuit Judges.

BIGGS, Circuit Judge.

A bill of complaint was filed in the court below by the appellees against the appellant, Independence Shares Corporation, a Pennsylvania corporation, and certain affiliated companies. The appellees purchased Capital Savings Plan Contract Certificates issued by Capital Savings Plan, Inc., and have alleged in their bill of complaint that these were sold to them by the fraud and misrepresentations of Capital Savings Plan, Inc. by the use and means...

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