KERN v. CHICAGO & E.I.R. CO.

Gen. No. 48,839.

44 Ill. App.2d 468 (1963)

195 N.E.2d 197

Paul J. Kern et al., Plaintiffs-Appellees, v. Chicago & Eastern Illinois Railroad Co., an Indiana Corporation, Alfred MacArthur, et al., Defendants-Appellants.

Appellate Court of Illinois — First District, Third Division.

November 27, 1963.


Attorney(s) appearing for the Case

P.C. Mullen, Gerald J. O'Rourke, Jr., and Gardner, Carton, Douglas & Chilgren, of Chicago (James A. Velde and John K. Notz, Jr., of counsel), for appellants.

Goldberg and Levin, of Chicago (Mayer Goldberg and Marvin Sacks, of counsel), for appellees.


MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

This is an appeal by defendants from a declaratory decree in a class action brought by plaintiffs as two holders of Class A stock of the defendant company, who are suing on behalf of all such stockholders. The suit concerns the validity of a bylaw designed to change and modify the rights of the Class A stockholders with respect to cumulative voting.

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