BARRETT v. BAYLOR

No. 71-1158.

457 F.2d 119 (1972)

Thomas S. BARRETT, Sr., Plaintiff-Appellant, v. James A. BAYLOR et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

March 14, 1972.


Attorney(s) appearing for the Case

Harold W. Huff, James P. Dorr, Wildman, Harrold, Allen & Dixon, Chicago, Ill., for plaintiff-appellant.

Kenart M. Rahn, Don H. Reuben, Steven L. Bashwiner, Earl G. Schneider, Chicago, Ill., for defendants-appellees; Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., of counsel.

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


SPRECHER, Circuit Judge.

The plaintiff sought to state a diversity claim for relief based upon abuse of process in connection with three civil actions presently pending in the state courts of Illinois, in each of which one or more of the defendants are parties.

On September 9, 1969, George F. Barrett and L. Williams, members of Prudence Mutual Casualty Company, a domestic mutual insurance company incorporated in Illinois ("Prudence"), brought a derivative...

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