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DuVALL v. MOORE

Civ. No. 66-C-2047-C.

276 F.Supp. 674 (1967)

Thomas O. DuVALL, Lucille C. DuVall, and Ben C. Birdsall, Plaintiffs, v. G. E. MOORE, James E. Scherrman, G. E. Moore and James E. Scherrman, as Trustees of Midwest Employees' Profit Sharing Trust, Midwest Limestone Co., Incorporated, Defendants.

United States District Court N. D. Iowa, Central Division.

August 30, 1967.

Attorney(s) appearing for the Case

Lloyd Karr, Webster City, Iowa, for plaintiffs.

A. Arthur Davis, Donald A. Wine and Donald J. Brown, Des Moines, Iowa, for defendants.

MEMORANDUM AND ORDER

HANSON, District Judge.

This ruling is predicated upon a motion by the defendants for summary judgment.

Jurisdiction of the instant case is grounded upon diversity of citizenship. The complaint was filed by certain minority shareholders in relation to a purported amendment to the Articles of Incorporation of Midwest Limestone Co., Incorporated, hereinafter called Midwest, which sought to give the corporation perpetual existence...

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