District Court, W.D. Pennsylvania June 6, 1952, Civ. A. No. 149 (Hertz v. Record Pub. Co. of Erie)

BURNS, District Judge.

The instant complaint seeks an order requiring defendant corporation to issue its certificate for 150 shares of its common stock in the name of plaintiff Horvitz. A prior ruling on related matters is reported at D.C., W.D. Pa., 1952, 102 F.Supp. 689.

Pursuant to Rule 12(h) of the Federal Rules' of Civil Procedure, 28 U.S.C.