NAGEL v. NORTHERN ILLINOIS GAS CO.

Gen. No. 46,970.

12 Ill. App.2d 413 (1957)

139 N.E.2d 810

Morris Nagel, et al., Appellants, v. Northern Illinois Gas Company, et al., Appellees.

Appellate Court of Illinois — First District, First Division.

Released for publication February 11, 1957.


Attorney(s) appearing for the Case

Sydney B. and Morris J. Wexler, and Howard Perry Kamin, all of Chicago, for plaintiffs-appellants; Morris J. Wexler, Howard Perry Kamin, and Allen Grossman, all of Chicago, of counsel.

Wilson & McIlvaine, of Chicago, and Putnam, Johnson & Alschuler, of Aurora, for Northern Illinois Gas Company; W.P. Gilbert, Charles W. Boand, George W. Thompson, of Chicago, and Sam Alschuler, of Aurora, of counsel; Max Swiren, Isham, Lincoln & Beale, and Lynch & Schaller, all of Chicago, for Commonwealth Edison Company and the individual defendants; Max Swiren, Charles A. Bane, William J. Lynch, and Myron Lieberman, all of Chicago, of counsel.


PRESIDING JUSTICE NIEMEYER delivered the opinion of the court.

Plaintiffs, the owners of 651 shares of more than 16,000,000 outstanding common shares of defendant Commonwealth Edison Company (herein called Edison), appeal from a judgment for defendants in plaintiffs' derivative action for the rescission of a contract between Edison and its subsidiary, the defendant Northern Illinois Gas Company (herein called Northern), designated their "Final Separation Contract...

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