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BATH INDUSTRIES, INC. v. BLOT

Nos. 18044, 18097.

427 F.2d 97 (1970)

BATH INDUSTRIES, INC., a Delaware Corporation, Plaintiff-Appellee, v. Emmet J. BLOT and Hambro American Bank & Trust Co., a New York Corporation, Defendant-Appellants, and Edward A. Merkle, Madison Fund, Inc., a Delaware Corporation, Mad International, Inc., a corporation, Richard E. McConnell, Donner Corporation, a Pennsylvania Corporation, Norton Penturn, Clark Estates, Inc., a corporation, X, Y and Z Investment Companies, and A, B and C Investment Banking and Brokerage Firms, Defendants.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied July 17, 1970.

Attorney(s) appearing for the Case

Victor M. Harding, Laurence C. Hammond, Jr., Maxwell H. Herriott, Milkaukee, Wis., for defendants-appellants.

David E. Beckwith, Milwaukee, Wis., for plaintiff-appellee.

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

HASTINGS, Senior Circuit Judge.

This is an appeal from an order of the district court granting plaintiff's motion for a preliminary injunction enjoining appellants and other defendants, as well as "all persons controlled by them or in active concert with them," from "proceeding with their plan (including, but not limited to removing the chief executive officer of [plaintiff] Bath and calling for a special shareholders' meeting) until they have complied with Section...

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