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FINK v. CONTINENTAL FOUNDRY & MACHINE COMPANY

Nos. 11618, 11693.

240 F.2d 369 (1957)

Gene FINK, Jerome Finkelstein, Charlotte Fink, Max Blumenfeld and Gene Fink, as co-partners, Lloyd M. Blumenthal, Jack and Esther Blumenthal, Philip Goodman, and Martin Goodman, Plaintiffs-Appellants, v. CONTINENTAL FOUNDRY & MACHINE COMPANY, a Delaware corporation, Jay T. Osler, J. H. Briggs, Kent B. Hall, Grier Patterson, J. H. Rose, Earl Steward, and William E. Troutman, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 25, 1957.

Attorney(s) appearing for the Case

Samuel Morgan, Norman Handelsman, Chicago, Ill., Cecil B. Cohen, East Chicago, Ind., for appellants.

Arthur D. Welton, Jr., Harold A. Smith, Grier D. Patterson, Edward J. Wendrow, Chicago, Ill., for appellees, Winston, Strawn, Smith & Patterson, Chicago, Ill., Timothy P. Galvin, Hammond, Ind., of counsel.

Before SWAIM and SCHNACKENBERG, Circuit Judges, and WHAM, District Judge.

WHAM, District Judge.

This appeal seeks a reversal of a judgment of the district court denying injunctive relief and dismissing on its merits the action filed by plaintiffs, minority stockholders of Continental Foundry and Machine Company, a Delaware Corporation (hereinafter called "Continental"), as a secondary action under Rule 23(b), Fed.Rules Civ.Proc., 28 U.S.C.A., to prevent Continental, its officers, directors and stockholders from selling its assets and liquidating...

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