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RUBIN v. CHICAGO SOUTH SHORE & SOUTH BEND RAILROAD

No. 11230.

217 F.2d 177 (1954)

William Henning RUBIN, Morton H. Bernstein, John E. Kelly, Sr., and Lillian M. Kelly, his wife; John E. Kelly, Jr. and Charles Turner, Plaintiffs-Appellants, v. CHICAGO SOUTH SHORE & SOUTH BEND RAILROAD, an Indiana Corporation; Jay Samuel Hart, President; Edward H. Bross, Secretary; W. A. Kissel and William A. Quail, doing business as the Kissel Organization, a partnership of New York City, New York, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

As Amended November 30, 1954.

Attorney(s) appearing for the Case

William Henning Rubin, Chicago, Ill., Lawrence Lenit, Chicago, Ill., for appellants.

Walter J. Cummings, Jr., Chicago, Ill., Kenneth F. Burgess, Douglas F. Smith, Donald W. Ingle, Chicago, Ill., Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel, for appellee.

Before DUFFY, Chief Judge, FINNEGAN and SCHNACKENBERG, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

A complaint was filed in the District Court by plaintiffs, who are Illinois stockholders of the defendant Indiana corporation, against the corporation1 and its president and secretary, as well as the members of a proxy soliciting partnership known as Kissel Organization. The complaint prays for a temporary injunction restraining the corporation from proceeding with its annual meeting to be held on March 25...

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