Legal Opinion · Dissent

Independence Lead Mines Co. v. Kingsbury

Court of Appeals for the Ninth Circuit

Decided August 23, 1949No. 11959Published

1DissentDenman, Chief Judge

It will be a shock to the legal profession that this court holds, in a proceeding in equity, that stockholders suing a corporation known by them to be entirely controlled by president Keane, also known by them to be a criminal, as yet undisclosed to the public, who has continually robbed the corporation of its Clayton stock1 *and who, as an inducement for their action, threatens them to steal all its remaining Clayton stock,2 and who was necessarily in fear of exposure by them either by a stockholders’’ suit for restitution for the thefts or by seeking a criminal prosecution, may secure his…

2Cases cited12 opinions

  1. Geddes v. Anaconda Copper Mining Co.Supreme Court of the United States · 1921
  2. Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
  3. White v. ShermanIllinois Supreme Court · 1897
  4. American Trust & Banking Co. v. BooneSupreme Court of Georgia · 1897
  5. National Lock Co. v. HoglandCourt of Appeals for the Seventh Circuit · 1939

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