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KIESS v. EASON

No. 18533.

442 F.2d 712 (1971)

Raymond W. KIESS, Plaintiff-Appellant, v. Willard D. EASON, Frederick Kavanagh and Bio-Dynamics, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

May 10, 1971.

Attorney(s) appearing for the Case

Hamilton Smith, William G. Migely, Chicago, Ill., Melvin M. Belli, San Francisco, Cal., Henry E. Bradshaw, Indianapolis, Ind., Robert L. Lieff, San Francisco, Cal., James E. Betke, Chicago, Ill., for appellant; Belli, Ashe, Ellison, Choulos & Lieff, San Francisco, Cal., Bingham, Summers, Welsh & Spilman, Indianapolis, Ind., McDermott, Will & Emery, Chicago, Ill., of counsel.

James L. Beattey, Indianapolis, Ind., Howard Neitzert, George A. Platz, Chicago, Ill., for appellees, Willard D. Eason and Frederick Kavanagh; Martz, Beattey, Hinds & Wallace, Indianapolis, Ind., Sidley & Austin, Chicago, Ill., of counsel.

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

STEVENS, Circuit Judge.

Appellant is a former shareholder of Bio-Dynamics, Inc. He contends (1) that he was entitled to more stock than he received, and (2) that he was injured by selling the shares he did receive. Federal jurisdiction is predicated on diversity of citizenship. If his claims are valid as a matter of Indiana law, in view of the extraordinary growth of Bio-Dynamics he should recover approximately sixteen million dollars.

After filing an amended...

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