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LICH v. UNITED STATES RUBBER CO.

39 F.Supp. 675 (1941)

LICH v. UNITED STATES RUBBER CO.

District Court, D. New Jersey.

July 3, 1941.

Attorney(s) appearing for the Case

Besson & Applegate, of Hoboken, N. J. (John B. Applegate, of Hoboken, N. J., and Charles A. Lich, of St. Louis, Mo., of counsel), for plaintiff.

Pitney, Hardin & Skinner, of Newark, N.J. (Waldron M. Ward and Mahlon Pitney, both of Newark, N. J., of counsel), for defendant.

SMITH, District Judge.

The plaintiff, Sophia G. Lich, a holder of non-cumulative preferred stock of the defendant, United States Rubber Company, a corporation, seeks to enjoin the payment of a dividend on the common stock declared on March 5, 1941. The facts, which are undisputed, are fully set forth in the findings of fact, separately filed. The essential facts are restated herein for the purpose of discussion.

The defendant is a corporation organized and...

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