BROWN v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY

No. 14347.

328 F.2d 122 (1964)

Frank BROWN, Plaintiff-Appellant, v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, a Corporation, and Union Pacific Railroad Company, a Corporation, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 17, 1964.


Attorney(s) appearing for the Case

Samuel H. Young, Theodore W. Grippo, of Hough, Young & Coale, Chicago, Ill., for plaintiff-appellant.

David Ferber, Associate Gen. Counsel, S. E. C., Washington, D. C., for Securities and Exchange Commission.

Stuart S. Ball, Walter J. Cummings, Jr., Henry A. Preston, Chicago, Ill., for defendant-appellee, Union Pac. R. Co. Sidley, Austin, Burgess & Smith, Chicago, Ill., Carr, Clark & Ellis, New York City, of counsel.

Don H. Reuben, A. L. Hodson, Chicago, Ill., for defendant-appellee Chicago, R. I. & P. R. Co., Lawrence Gunnels, Chicago, Ill., of counsel.

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


HASTINGS, Chief Judge.

This action was brought in the district court by Frank Brown, a stockholder in Chicago, Rock Island & Pacific Railroad Company, against defendants, Union Pacific Railroad Company and Rock Island. Plaintiff proceeded individually and did not seek relief on behalf of others. Plaintiff sought to enjoin defendants from alleged unlawful proxy solicitation1 and an order requiring...

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