Bates v. Mitchell

FARLEY, Superior Judge.

This is an appeal from an order sustaining defendant’s motion to dismiss the second amended complaint and from the judgment entered thereon after plaintiffs elected to stand on the second amended complaint. The action was instituted on September 2, 1944, by the plaintiff, Frank A. Bates, as a stockholder in his own behalf and for other stockholders, and by Victor J. Hermel, a§ the Minnesotá Receiver of the American Ore Corporation. The prayer of the comr plaint asked for the appointment of a receiver in Arizona to take possession of the mining property herein involved;…