SCHNEIDER v. FOSTER-THORNBURG HARDWARE CO.

No. 79.

33 F.Supp. 271 (1940)

SCHNEIDER v. FOSTER-THORNBURG HARDWARE CO.

District Court, S. D. West Virginia.

May 2, 1940.


Attorney(s) appearing for the Case

J. Earl Pratt and David E. Crowe, both of Ironton, Ohio, for plaintiff.

George S. Wallace and Paul W. Scott, both of Huntington, W. Va., for defendant.


HARRY E. WATKINS, District Judge.

Plaintiff seeks a judgment against the defendant corporation for $11,000 for breach of its promise to redeem 110 shares of its so-called preferred stock. A motion to dismiss the complaint for failure to state a cause of action has been overruled and answer filed. The case is now before me upon plaintiff's motion for summary judgment under Rule 56 of Federal Rules of Civil Procedure, 28 U.S.C. A. following section 723c.

The...

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