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DUANE v. ALTENBURG

No. 13402.

297 F.2d 515 (1962)

James J. DUANE, Jr., et al., Plaintiffs-Appellants, v. Walter P. ALTENBURG et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

January 10, 1962.

Attorney(s) appearing for the Case

Sidney L. Garwin, New York City, Richard Orlikoff, Chicago, Ill., Norman Annenberg, New York City, for appellant.

Richard J. Walsh, Robert O. Case, Chicago, Ill., Norville, Walsh & Case, Chicago, Ill., of counsel, for appellees Altenburg and others.

William J. Friedman, John W. Day, Chicago, Ill., Friedman, Mulligan, Dillon & Urist, Chicago, Ill., of counsel, for appellee Webcor, Inc.

Before HASTINGS, Chief Judge, and CASTLE and KILEY, Circuit Judges.

CASTLE, Circuit Judge.

Plaintiffs-Appellants, James J. Duane, Jr. and Margaret W. Duane, doing business as James J. Duane & Co., bring this appeal from an order of the District Court which granted motions made by the defendants-appellees1 to dismiss plaintiffs' complaint and amended complaint. This diversity action is a stockholders' derivative suit brought by plaintiffs as stockholders of Webcor, Inc., against the defendants to recover...

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