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PITTSBURGH NO. 8 COAL CORP. v. NEWCOMER

365 Pa. 462 (1950)

Pittsburgh No. 8 Coal Corporation, Appellant, v. Newcomer et al., Exrs.

Supreme Court of Pennsylvania.

November 13, 1950.

Attorney(s) appearing for the Case

Linn V. Phillips, Sr., with him Phillips, Wagoner, Phillips & Board, for appellant.

Edward Dumbauld, with him T.L. Morgan, for appellees.

Before DREW, C.J., STERN, STEARNE, JONES, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE LADNER, November 13, 1950:

Plaintiff is a West Virginia corporation. Defendants are the executors of Frank C. Newcomer, a deceased officer of the corporation. Plaintiff filed a bill in equity asking for an accounting on the basis of an alleged misappropriation of corporate funds and bonds which are in the possession of the defendants. The bill was dismissed by the chancellor because plaintiff had failed to prove the averments of his bill and...

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