41 N.E.2d 251
No. 29042Supreme Court of Ohio.
Decided March 18, 1942.
Supreme Court — Dismissal — No debatable constitutional question involved — Bank in process of liquidation — Resumed business under plan consented to by majority of stockholders and depositors — Plan approved by Common Pleas Court — Holding company to liquidate assets and issue certificates of participation — Double liability of stockholders to remain for benefit of certificate holders — Sale of assets authorized, cancelling double liability, because of emergency — Section 3, Article XIII, Constitution (prior to 1937 amendment).
APPEAL from the Court of Appeals of Stark county.
Messrs. Black, McCuskey, Souers Arbaugh and Mr. Donald K. Merwin, for appellee.
Mr. James M. Aungst, Mr. J. Stewart Ake, Mr. Warren G. Smith
and Mr. Harry W. Schmuck, for appellant.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART and ZIMMERMAN, JJ., concur.
BETTMAN, J., not participating.
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