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GLADWIN v. MEDFIELD CORP.

No. 75-2138.

540 F.2d 1266 (1976)

Harold C. GLADWIN et al., Plaintiffs-Appellees, v. MEDFIELD CORPORATION et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 26, 1976.

Attorney(s) appearing for the Case

George P. Michaely, Jr., Washington, D. C., William J. Schifino, Tampa, Fla., Jon D. Epstein, Houston, Tex., for defendants-appellants.

Allen P. Allweiss, St. Petersburg, Fla., Leonard Barrack, David Berger, Philadelphia, Pa., for plaintiffs-appellees.

Before BROWN, Chief Judge, and GODBOLD and SIMPSON, Circuit Judges.

GODBOLD, Circuit Judge:

This case concerns use of proxy material that is false or misleading with respect to the presentation or omission of material facts.

The Gladwins own voting stock in Medfield, a publicly-held corporation engaged in operating hospitals and other health facilities. On February 6, 1974, in preparation for its March 1 annual shareholder meeting at which directors would be elected, Medfield sent to shareholders a 1973 annual report, a notice...

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