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BROENEN v. BEAUNIT CORPORATION

No. 18183.

440 F.2d 1244 (1970)

Ora Alva BROENEN, suing on behalf of herself and certain other holders and former holders of 4¼% Convertible Subordinated Debentures of Beaunit Corporation, Plaintiff-Appellant, v. BEAUNIT CORPORATION, a corporation; El Paso Natural Gas Company, a corporation; and Manufacturers Hanover Trust Company, a corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

December 7, 1970.

Attorney(s) appearing for the Case

Kenneth K. Luce, Robert A. Schnur, Michael, Best & Friedrich, Wilwaukee, Wis., for plaintiff-appellant.

Marvin E. Klitsner, Milwaukee, Wis., Michael A. Cooper, New York City, George Heftler, Union City, N. J., James E. Blackwood, New York City, for defendant-appellee Beaunit Corp.; Foley & Lardner, Milwaukee, Wis., Sullivan & Cromwell, New York City, Platoff, Heftler & Harker, Union City, N. J., of counsel.

Victor M. Harding, Milwaukee, Wis., Frank H. Heiss, Richard J. Concannon, New York City, for defendant-appellee Manufacturers Hanover Trust Company; Whyte, Hirschboeck, Minahan, Harding & Harland, Milwaukee, Wis., Kelley Drye, Warren, Clark, Carr & Ellis, New York City, of counsel.

Before SWYGERT, Chief Judge, and FAIRCHILD and KERNER, Circuit Judges.

SWYGERT, Chief Judge.

This is an action for damages and equitable relief brought by a holder of one $2,000 face value certificate representing two shares of 4¼ per cent convertible subordinated debentures due August 1, 1990 of Beaunit Corporation (hereinafter called "Old Beaunit"), a nonsurviving party to the corporate merger which gave rise to this action. Jurisdiction is based upon diversity of citizenship in that the plaintiff, who seeks to represent all such...

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