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SWANSON v. AMERICAN CONSUMERS INDUSTRIES, INC.

No. 71-1639.

475 F.2d 516 (1973)

Knute SWANSON, on behalf of Peoria Service Company, and on behalf of all shareholders of Peoria Service Company similarly situated, Plaintiff-Appellant, v. AMERICAN CONSUMERS INDUSTRIES, INC., a New Jersey corporation, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 6, 1973.

Rehearing Denied April 16, 1973.

Attorney(s) appearing for the Case

Richard Orlikoff, Arthur T. Susman, Thomas D. Hanson, Chicago, Ill., Thomas V. Cassidy, Peoria, Ill., for plaintiff-appellant; Orlikoff, Prins, Flamm & Susman, Chicago, Ill., of counsel.

Frank O. Wetmore, II, Edward J. Wendrow, John W. Stack, Chicago, Ill., Eugene L. White, Peoria, Ill., for defendants-appellees.

Before CUMMINGS and SPRECHER, Circuit Judges, and KILKENNY, Senior Circuit Judge.

CUMMINGS, Circuit Judge.

Plaintiff is a stockholder of defendant Peoria Service Company (Peoria), a dissolved Illinois corporation that formerly operated two cold storage warehouse facilities in Peoria, Illinois. The complaint was brought derivatively on behalf of Peoria and also on behalf of plaintiff and all other similarly situated stockholders. In addition to the nominal defendant, Peoria, the complaint named as defendants United States Cold Storage Corporation...

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