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Show BEFORE SUPREME COURT.- Amalgamated Injunction Case Soon to Be Decided. Helena. Mont.. Nov. 23. The supreme court today is hearing arguments in the case of John MacGihniss and James Forrester For-rester against the Boston & .Montana company, the action in which Judge Clancy at Butte granted an injunction restraining the Boston fc Montana company com-pany from transferring its stock or paying pay-ing dividends to the Amalgamated Copper company. A. J. Shores, chief counsel lor the Amalgamated, and Cornelius F. Kel-lev Kel-lev of Butte appear for the appellants and Judge J. J. McHatton. chief counsel for F. Augustus Heinze, lur respondents. The hea'ring must be completed by 5 o'clock p. m., when the court will la-ie appeal inlrter advisement. It was Clancy's order in this case that caused the Amalgamated company to shut down all its properties in Montana. Mon-tana. In his argument Attorney Shores, chief counsel for the Amalgamated, attacked the right of John MacGinniss to bring suits for the injunction, contending that the plainlirf suing as a shareholder could not obtain relief except such as was essential es-sential to protect his interests as a shareholder, share-holder, actual misconduct not being shown on the part of the Amalgamated Copper company in the administration of the affairs of the Boston fc Montana com--pan v. - Attorncv Shores also contended Mae-Cinniss Mae-Cinniss could not raise the question of the right of the Amalgamated to become the owner of the Boston & Montana stock, as he did not claim to have any right to any part of the stock alleged to have been acquired bv the Amalgamated, and he aid i not claim to have been deprived of any of his stock .or the rights to which it en- : tit'ed him. The Amalgamated Copper company, Mr. , Shores declared, was not" a trust, and acting under a charter granted by the state of New Jersey wrs outside of the jurisdiction of Judge Clancy's court. Judge McHatton, chief counsel for tha Heinze interests, held that the Amalgamated Amal-gamated Copper company was a trur-t. acting in violation of the laws of Hon- j tana, and could not legally bold the stock of the Hoston & Montana company. At the conclusion of arguments, the court tool; the case under advisement. |