Swan

Swan v. Consolidated Water Co.

Good Law
28 F.2d 971·1928 U.S. App. LEXIS 2512
United States Court of Appeals for the Ninth CircuitOctober 29, 1928No. 5479California2,291 words

Opinion

Lead Opinion

Rudkin, J.

This was a bill by a minority stockholder, against the corporation of which he is a stockholder and others, for an accounting, for the appointment of a receiver, and for the dissolution of the corporation and the distribution of its assets. Following the jurisdictional averments, the complaint alleged that the defendant Consolidated Water Company of Pomona is a corporation organized and existing under the laws of the state of California, with a capital stock of $500,000, divided into 5,000 shares, of the par value of $100 each; that the plaintiff is the owner of 65 shares, of the value of more than $120 each; that the plaintiff and defendants are all of the stockholders of the corporation, and that plaintiff brings the action for his own benefit and for the benefit of all other stockholders who care to join therein, and on behalf of the corporation; that the corporation was organized for the purpose, as set. forth at length in its articles of incorporation, of acquiring wells, pipe lines, flumes, ditches, and water privileges in the counties of Los Angelas and San Bernardino, California, for the supplying of water for household, domestic, irrigation, and other public and private…

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