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NORTHWESTERN TERRA COTTA CORP. v. WILSON

Gen. No. 51,183.

74 Ill. App.2d 38 (1966)

219 N.E.2d 860

Northwestern Terra Cotta Corporation, an Illinois Corporation, Plaintiff-Appellee, v. Francis S. Wilson, Defendant-Appellant.

Appellate Court of Illinois — First District, Fourth Division.

July 29, 1966.

Attorney(s) appearing for the Case

Wayland B. Cedarquist, Thomas J. Boodell, Nunzio A. Giambalvo and Boodell, Sears, Foster, Sugrue & Crowley, of Chicago (Thomas J. Boodell, Jr., of counsel), for appellant.

W. McNeil Kennedy, Frank F. Fowle and Herbert S. Wander, of Chicago (Pope, Ballard, Uriell, Kennedy, Shepard & Fowle, of counsel), for appellee.

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

Defendant appeals from an order temporarily restraining him from voting shares of stock in the plaintiff corporation of which he is a director.

Plaintiff (an Illinois corporation) brought an action against Francis S. Wilson and Earl Johnson, two of its directors, and alleged in its complaint (1) that the defendants purchased 24,164 shares of the plaintiff corporation in breach of their fiduciary...

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