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FIELDS v. FIDELITY GENERAL INSURANCE COMPANY

Nos. 71-1228, 71-1229.

454 F.2d 682 (1971)

Maxwell FIELDS et al., Plaintiffs-Appellees and Appellants, v. FIDELITY GENERAL INSURANCE COMPANY, etc., et al., Defendants-Appellants and Appellees.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied January 7, 1972.

Attorney(s) appearing for the Case

Jay A. Canel, Erwin I. Katz, Canel & Canel, Chicago, Ill., for Maxwell Fields and others.

William J. Scott, Atty. Gen., Herman R. Tavins, Asst. Atty. Gen., for James Baylor, Individually and As Director of the Ill. Dept. of Insurance; Francis T. Crowe, Asst. Atty. Gen., of counsel.

Joseph A. Lamendella, Robert S. Jacobs, Dennis M. O'Brien, Chicago, Ill., for Fidelity General Ins. Co.; Schippers, Betar, Lamendella & O'Brien, Chicago, Ill., of counsel.

Before SWYGERT, Chief Judge, DUFFY, Senior Circuit Judge, and FAIRCHILD, Circuit Judge.

FAIRCHILD, Circuit Judge.

Pursuant to Ill.Rev.Stat.1969, ch. 73, § 800, the Circuit Court of Sangamon County, Illinois, ordered Fidelity General Insurance Company into statutory rehabilitation (August 21, 1970) and then liquidation (December 4, 1970), under James Baylor, Director of Insurance for the state of Illinois. This appeal arises from a derivative suit subsequently brought by minority shareholders of Fidelity General. Fidelity General and Baylor were...

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