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FRANKLIN LIFE INS. CO. v. COMMONWEALTH EDISON CO.

No. S-Civ-72-37.

451 F.Supp. 602 (1978)

The FRANKLIN LIFE INSURANCE COMPANY, a corporation, Individually and representatively on behalf of all holders of the 9.44% Cumulative Prior Preferred Stock of Commonwealth Edison Company, a corporation, Plaintiff, v. COMMONWEALTH EDISON COMPANY, a corporation, Defendant, Teacher Retirement System of Texas, Intervenor.

United States District Court, S. D. Illinois, S. D.

May 19, 1978.

Attorney(s) appearing for the Case

Frederick H. Stone and George Gillespie, Gillespie, Cadigan & Gillespie, Springfield, Ill., Alan R. Bromberg, Dallas, Tex., Bill Campbell, Bill Baker, Asst. Attys. Gen., State of Texas, Austin, Tex., for intervenors Teacher Retirement System of Texas.

Charles A. Bane, A. Daniel Feldman, Terry F. Moritz, Isham, Lincoln & Beale, Chicago, Ill., Hugh Graham III, Graham & Graham, Springfield, Ill., for defendant.

MEMORANDUM ORDER

J. WALDO ACKERMAN, District Judge.

This action arises out of the issuance and subsequent redemption of one million shares of 9.44% Cumulative Prior Preferred Stock at a par value of $100 per share, by defendant Commonwealth Edison Company. Trial on the issue of liability has been had before the Court sitting without a jury and the points presented have been ably briefed and argued by the parties. This Memorandum Order shall incorporate within...

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