Legal Opinion

Stanley v. Brock

Court of Appeals for the Sixth Circuit

Decided April 22, 1975No. Nos. 74-1645, 74-1646PublishedCited by 1 opinion

1Opinion of the Court

ENGEL, Circuit Judge.

This is an appeal from a judgment of the district court requiring certain former shareholders of Kettle Fried Chicken of America, Inc. to refund to the trustee in bankruptcy payments they had received from the bankrupt corporation in repurchase of its capital stock at a time when its capital was found to be impaired. We affirm.

Kettle Fried Chicken of America, Inc., hereinafter Kettle, was incorporated under the laws of Delaware in March, 1968. After its initial incorporation, the authorized capital of Kettle was increased and several stock splits occurred. In October…

2Cases cited16 opinions

  1. McDonald v. WilliamsSupreme Court of the United States · 1899
  2. Mountain State Steel Foundries, Inc., and v. Commissioner of Internal Revenue, AndCourt of Appeals for the Fourth Circuit · 1960
  3. In re the Receivership of International Radiator Co.Court of Chancery of Delaware · 1914
  4. Hamor v. Taylor-Rice Engineering Co.U.S. Circuit Court for the District of Delaware · 1897
  5. Lytle v. AndrewsCourt of Appeals for the Eighth Circuit · 1929

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3Cited by1 opinion

  1. In the Matter of Kettle Fried Chicken of America, Inc., Bankrupt (Two Cases). Jesse W. Stanley v. Dan D. Brock, Jr., Trustee in Bankruptcy, William W. Scalf v. Dan D. Brock, Jr., Trustee in BankruptcyCourt of Appeals for the Sixth Circuit · 1975

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