Page:Federal Reporter, 1st Series, Volume 1.djvu/198

190 FEDEfiAIi BEPOiîTEH. ���Thb Fifth National Bank of Pittsburgh v. The Pitts- BDBOH & Castle Shannon Eailboad Co. �{Visirict Court, W. B. Pennsylvania. Pebruary 18, 1880.) �BtOCKHOLDBBS — BOARD OF DiBBOTOES — PETITION — KECEIVBR. — The �stockholders of a defendant corporation cannot obtain the removal of a receiver by petition, where it appears from the pleadings that such cor- poration has a regiilarly elected board of directora, and that such board is in active sympa thy with the petitioners. �National Bank— Kbcbiver — District Court— Jueibdiotion. — A dis- trict court of the United States has jurisdiction of a bill in equity pray- ing for the appointment of a receiver of an insolvent corporation, filed by a national bank established within the district within which such court is held. �Petition by alleged majority of the defendant stockholders. �8. Sckoyer, Jr,, for petitioners. �D. T. Watson and Knox e Reed, for the receiver and de- fendant company. �Hampton e Dalzell, for H. Sellers MoKee. �Slagle do Wiley, for the Iron City National Bank. �AcHESON, J. The parties to this suit are the Fifth National Bank of Pittsburgh, plaintiff, and the Pittsburgh & Castle Shannon Eailroad Company and George E. Duncan, trustee of certain mortgage bondholders, defendants. �Certain stockholders of the corporation defendant, claim- ing to represent a majority of the stock, filed a petition in the case, containing various prayers, only two of which are now pressed, viz. : (1) that W. W. Martin be removed from the receivership of the defendant company, and James M. Bailey appointed in his stead ; (2) that the Iron City National Bank and Sellers McKee, judgment creditors of the defendant cor- poration, be restrained from proceeding by execution against the corporation. �At first I was disposed to regard the petition in the light of a cross-bill ; but, upon a caref ul examination, I find it lacks the essential elements of such bill. Upon the pleadings as they now stand the petitioners are Etrangers to this case, and ��� �