Personal Industrial Bankers, Inc. v. Citizens Budget Co. of Dayton, Ohio, Inc.

SIMONS, Circuit Judge.

The controversy is between the common and the preferred stockholders of the appellee Budget Company, and involves the right of the preferred stockholders to vote upon a resolution fixing the number of the board of directors within limits provided by its charter, or at the election of directors. The bill sought to enjoin the preferred stockholders from voting, and the decree from which appeal is taken denied injunction and dismissed the bill.

The facts are not in dispute. The Budget Company is an Ohio corporation, and the problem presented arises from the wording of a…