New Albany Waterworks v. Louisville Banking Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. The bill is filed by Louisville Banking Company, a Kentucky corporation, as a stockholder of New Albany Waterworks, an Indiana corporation, to set aside a lease made by the last-mentioned corporation to the Indiana Water Company, also of Indiana, and for injunctional and other relief.
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Appeal from the Circuit Court of the United States for the District of Indiana. The bill is filed by Louisville Banking Company, a Kentucky corporation, as a stockholder of New Albany Waterworks, an Indiana corporation, to set aside a lease made by the last-mentioned corporation to the Indiana Water Company, also of Indiana, and for injunctional and other relief. The lessor and lessee corporations, five of the seven directors of the New Albany Waterworks (alleged to be acting in concert and collusion), and the city of New Albany, are made defendants; four of such director defendants being…
1Opinion of the CourtSeaman, District Judge
(after stating the facts as above). The appellants’ objection to jurisdiction of the bill is untenable. It rests upon the proposition'that the answer charges, without denial, that certain of the minority stockholders of the defendant New Albany Waterworks, who are citizens of Indiana, “combined with the appellee, a citizen of Kentucky, and caused it to bring the suit” in the federal court. But in the same connection it is frankly conceded that no collusion appears, in the sense of equity rule 94; that the controlling majority in the corporation is opposed to the objects sought by the bill,…
2Cases cited15 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Dodge v. WoolseySupreme Court of the United States · 1856
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3Cited by19 opinions
- United States v. John Q. WoodCourt of Appeals for the Fifth Circuit · 1961
- Burnrite Coal Briquette Co. v. RiggsSupreme Court of the United States · 1927
- Beck v. DobrowskiCourt of Appeals for the Seventh Circuit · 2009
- Hyams v. Calumet & Hecla Mining Co.Court of Appeals for the Sixth Circuit · 1915
- Hutchinson Box Board & Paper Co. v. HornCourt of Appeals for the Eighth Circuit · 1924
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