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Benjamin B. Morris, Appellee, v. Wacker Hotel Company et al., Appellants.

CORPORATIONS, § 406 — burden of proof in proceeding by stockholder seeking to enforce by mandamus right to inspect books and records. In proceedings by shareholder of corporation seeking issuance of writ of mandamus commanding officers of corporation to permit shareholder to examine books and records of corporation, burden of proof was on shareholder to show that his purpose in demanding privilege of examining books and records of corporation was proper and lawful (Ill. Rev. Stat. 1943, ch. 32, par. 45; Jones Ill. Stats. Ann. 32.045).

See Callaghan's Illinois Digest, same topic and section number.

MATCHETT, J., dissents.

Opinion by PRESIDING JUSTICE O'CONNOR.

Not to be published in full. Opinion filed February 18, 1944; supplemental opinion filed and rehearing denied March 2, 1944.

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MORRIS v. WACKER HOTEL CO
(Feb 18, 1944)