J. Polk Smartt and Isabel Smartt v. Coca-Cola Bottling Corporation (Sued as Cincinnati Coca-Cola Bottling Co.)

BOYD, District Judge.

This is a suit for a declaratory judgment and injunction in which the plaintiffs seek to have their rights declared as to a proposed reorganization plan of the defendant corporation, and to enjoin the corporation from "adversely affecting the rights of the plaintiffs and all other holders of Class ‘A’ stock.” Plaintiffs allege that defendant, seeking to serve the interest of Class “B” stockholders, sent notice to all stockholders of a proposed merger plan whereby Class “A” stock would be exchanged for debentures. This notice is alleged to have been misleading. There is…