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BORAK v. J. I. CASE COMPANY

No. 13947.

317 F.2d 838 (1963)

Carl H. BORAK, for and on behalf of himself and all of the other common stockholders of J. I. Case Company who are similarly situated to him, Plaintiff-Appellant, v. J. I. CASE COMPANY, a Wisconsin corporation et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

May 29, 1963.

Attorney(s) appearing for the Case

Alex Elson, Arnold I. Shure, Chicago, Ill., Bruno V. Bitker, Milwaukee, Wis., Elson & Lassers, Willard J. Lassers, Aaron S. Wolff, Chicago, Ill., for plaintiff-appellant.

H. Maxwell Manzer, Madison, Wis., Ray T. McCann, Walter S. Davis, Milwaukee, Wis., for appellees.

Peter A. Dammann, Gen. Counsel, David Ferber, Associate Gen. Counsel, Michael Joseph, Atty., Washington, D. C., S. E. C., for Securities and Exchange Commission, amicus curiae.

Before DUFFY and KILEY, Circuit Judges, and MERCER, District Judge.

FREDERICK O. MERCER, District Judge.

Plaintiff, Carl H. Borak, the holder of 2,000 common shares of J. I. Case Company, hereinafter referred to as Case, commenced this suit below on November 13, 1956, by filing his complaint in which he sought to have the then proposed plan of merger between Case and American Tractor Corporation, hereinafter ATC, declared illegal and void and to have Case and its officers and directors enjoined from taking any action to consummate...

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