WOLFSON v. AVERY

No. 33563.

6 Ill.2d 78 (1955)

126 N.E.2d 701

LOUIS E. WOLFSON, Appellee, v. SEWELL AVERY et al., Appellants.

Supreme Court of Illinois.

Rehearing denied June 10, 1955.


Attorney(s) appearing for the Case

MacLEISH, SPRAY, PRICE & UNDERWOOD, of Chicago, (JOHN E. MacLEISH, ROBERT S. CUSHMAN, JOSEPH W. TOWNSEND, JESS HALSTED, CLIFFORD C. PRATT, and JOHN F. SWENSON, of counsel,) for appellants.

MAYER, FRIEDLICH, SPIESS, TIERNEY, BROWN & PLATT, of Chicago, (LEO F. TIERNEY, EDMUND A. STEPHAN, ROBERT L. STERN, STUART BERNSTEIN, DWIGHT W. FAWCETT, JOSEPH M. GLICKSTEIN, of Jacksonville, Fla., and WILLIAM A. SHEA, of New York, N.Y., of counsel,) for appellee.

HERMAN T. VAN MELL, and FINN & VAN MELL, of Chicago, EDMUND M. COOK, LEWIS D. WILSON, and HAROLD W. HAWES, all of Moline, (SOLLO, GRAHAM & CALIFF, of Moline, and BELL, BOYD, MARSHALL & LLOYD, of Chicago, of counsel,) KIRKLAND, FLEMING, GREEN, MARTIN & ELLIS, (WEYMOUTH KIRKLAND and THOMAS M. THOMAS, of counsel,) WILLIAM N. STACK, MILLER, GORHAM, WESCOTT & ADAMS, JAMES B. WESCOTT, ALBERT S. BARNEY, GANN, SECORD, STEAD & McINTOSH, FREDERICK SECORD, and THOMAS W. O'SHAUGHNESSY, all of Chicago, for amici curiae.


Judgment affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Louis E. Wolfson filed a complaint in the circuit court of Cook County against Montgomery Ward & Company and its directors, seeking a declaratory judgment that section 35 of the Illinois Business Corporation Act, (Ill. Rev. Stat. 1953, chap. 32, par. 157.35,) which purports to authorize the classification of directors into not more than three classes and the election of only one...

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