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Show TRYING TO BLOCK BIG FUELMERGER CAHHON AND KMKHV l'ltOl'KH-TIUH l'ltOl'KH-TIUH AUK INVOIiVKD. Stockholders of tho Castle Valley Coal Company Allrga Tliat Tlictr Interests Inter-ests Arc Damaged I'lctnl Iliot If ConiH-tltlon Had Hccn I'cnnlttCAl Ktock Would Ham flood Value. Walter C. llest. salesman for n local lo-cal clothing house, and A. J. Dunford, a Joral Investor, filed suit In the federal fed-eral court Tuevlay to enjoin the United Uni-ted States Fuel company, of which onirics of Incorporation nnd deeds t holdings Mere filed Monday, from absorbing the Castle Volley company, says yesterday's llerald-ltepubllcan. In the complaint, which Is made Jointly against the Castlo Valley Coal company and the United States Fuel company, licet sets forth that he holds fifty-five hundred shares and Dun-ford Dun-ford five thousand shares "f C ostl" Valley stock. Allegation Is made that Congressman Congress-man James II. Mays, Moroni llelner nnd the United Slates Smelting, He-fining He-fining nnd Mining company, together holding tha control of the stock In Castle Valley Coal company, were chiefly Instrumental In merging the Castlo Valley Coal company with thn Consolidated Fuel company, the lllack Hawk Coal company and tho ranlher Coal company In the establishment of the United States Fuel company. Claim CoiiiHtlllou Stifled. The complaint avers that the United Uni-ted States Smelting, defining nnd Mining company has heretofore by Its control of tho corporations referred re-ferred to effected n practical consolidation consoli-dation and has so operated and managed man-aged these corporation as to prevent pre-vent competition between them and to prevent thn Castle Valley company from marketing Its product an Its met Its. Further allegation Is madn "that the United States Smelting, lie-fining lie-fining nnd Mining company heretofore hereto-fore entered 'Into agreement with Mays urn! llelner, tho terms of which are unknown to the plaintiffs, enabling en-abling them to market their stock." It Is further held that unless the court restores the Castle Valley Coal company from the merger tha plaintiff plain-tiff Mill Iki deprived of their Just holdings o shares In the company. Alleges Slock DlMniiiitcd. Information I also Included In the complaint that In connection with the merger the plaintiffs were offered offer-ed shares at 13.65 In the United States Fuel company for each of the shares they held In the Castle Valley Coal company and an additional forty-five cents In cash for each share. It Is contended that had not the Castle Vulley Coal company been restrained from selling Its product nn Its merits Its stock would have risen alova pur at five dollars nnd dividends would have been paid. A similar suit brought by W. 8. Lumoreaux and others, which sought to enjoin the Castle Vulley Coal company from becoming be-coming part of the merger, was distills, dis-tills, ed by stipulation In the federal court Monday. Immediately nfter this nutlon hnd been dismissed the United States company filed Its Incorporation papers. Attorney .Miiciiilllini lUplalii". II. It. Macmllhin, attorney for the United States Fuel company, questioned ques-tioned last night the validity of the suit filed yesterday on the ground that I It comes u day after thn filing of the Incorporation papers nnd deeds of the . United Stated Fuel company. "Shore-holder "Shore-holder of thn Castle Valley company , held a meeting In Wyoming In Janu-ary, Janu-ary, when resolutions were adopted J providing for the sale of the com-puny" com-puny" Interests to the United States Fuel company," ho said. "Practically "Practical-ly thn only objection at that time came from tho holders of a block of twenty-three thousand shares. This resulted in the mult by W. B. Lam-oreaux Lam-oreaux and others, which has been settled by stipulation agreeable to the plaintiffs nnd the United States Fuel company. It Is not true that the United States Smelting, lteflnlng and Mining company prevented competition competi-tion between tho root companies, now represented In tho merger." |