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Vulcan Corp. v. Westheimer Co.

Supreme Court of Ohio
Mar 1, 1939
19 N.E.2d 901 (Ohio 1939)

Opinion

No. 27435

Decided March 1, 1939.

Supreme Court — Dismissal — No debatable constitutional question involved — Corporations — Plan of recapitalization approved by two-thirds vote of shareholders — Exchange of old preferred shares for new issue — Right of shareholder to retain the old stock contract — Right to accumulated dividends — Section 10, Article I, and Section 1, Article XIV, Amendments, United States Constitution — Section 28, Article II, Ohio Constitution.

APPEAL from the Court of Appeals of Scioto county.

Messrs. Miller, Searl Fitch, for appellee.

Messrs. Gallagher, Dorr Manley, for appellant.


It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MATTHIAS and HART, JJ., concur.

MYERS, J., not participating.


Summaries of

Vulcan Corp. v. Westheimer Co.

Supreme Court of Ohio
Mar 1, 1939
19 N.E.2d 901 (Ohio 1939)
Case details for

Vulcan Corp. v. Westheimer Co.

Case Details

Full title:VULCAN CORP., APPELLEE v. WESTHEIMER CO. ET AL.; OLBERDING, APPELLANT

Court:Supreme Court of Ohio

Date published: Mar 1, 1939

Citations

19 N.E.2d 901 (Ohio 1939)
19 N.E.2d 901

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