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ELWARD v. PEABODY COAL CO.

Gen. No. 53,960.

121 Ill. App.2d 298 (1970)

257 N.E.2d 500

James J. Elward, Plaintiff-Appellant, v. Peabody Coal Company, an Illinois Corporation, Defendant-Appellee.

Appellate Court of Illinois — First District, First Division.

Rehearing denied April 6, 1970.

Attorney(s) appearing for the Case

Edward and Macie, of Chicago (Edward S. Macie, of counsel), for appellant.

Kirkland, Ellis, Hodson, Chaffetz & Masters, of Chicago (Thomas M. Thomas and Owen M. Johnson, Jr., of counsel), for appellee.

MR. JUSTICE ADESKO delivered the opinion of the court.

This action was initiated by a complaint in chancery by James J. Elward, who was the owner of 800 shares of preferred stock of the defendant, Peabody Coal Company. Plaintiff brought suit in his representative capacity for all other preferred shareholders who were the owners of 188,071 preferred shares of the defendant corporation. Plaintiff sought to have a plan of liquidation, which had been adopted by the stockholders...

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