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WESTERLY THEATRE OPERATING CO. v. POUZZNER

No. 4236.

162 F.2d 821 (1947)

WESTERLY THEATRE OPERATING CO., Inc., v. POUZZNER et al.

Circuit Court of Appeals, First Circuit.

July 17, 1947.

Attorney(s) appearing for the Case

S. Everett Wilkins, of Providence, R. I. (Edward M. Watson and Hinckley, Allen, Tillinghast & Wheeler, all of Providence, R. I., on the brief), for appellant.

Edward Winsor, of Providence, R. I. (Gerald W. Harrington, and Edwards & Angell, all of Providence, R. I., and Harry Bergson, of Boston, Mass., on the brief), for appellees.

Before CLARK (by special assignment), MAHONEY and WOODBURY, Circuit Judges.

MAHONEY, Circuit Judge.

This is an appeal from a judgment entered in favor of plaintiffs-appellees. Jurisdiction was based on diversity of citizenship and the sum in controversy exceeded $3,000 exclusive of interest and costs.

Plaintiffs-appellees own and control 50 percent of the outstanding common stock, the sole class of stock of the Westerly Theatre Operating Company, Inc. Morris Pouzzner, the principal plaintiff, and his nominee, Oakley A. Kunz, are officers...

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