McRoberts v. Independent Coal & Coke Co.

STONE, Circuit Judge.

These are appeals from dismissal of a bill in equity.

This is a bill by several stockholders of tbe Independent Coal & Coke Company against that company and John H. Tonkin, to cancel an option and contract for tbe sale of all of tbe assets of the company to Tonkin and to enjoin tbe company and Tonkin from carrying out such contract.

To tbe amended bill, separate motions to dismiss were filed. Tbe one as to tbe company was based upon tbe grounds following:

“(1) That it affirmatively appears from tbe face of tbe complaint that if any cause of action is stated in favor of tbe…