ASCHENBACH v. COVENANT LIVING CENTERS-NORTH

C. A. No. 79-C-89.

482 F.Supp. 1241 (1980)

Dorothy ASCHENBACH; Perey Bamford and Letitia Bamford, his wife; Hazel Bartelt; Janet H. Becker; Joseph Belohlavek and Milada Belohlavek, his wife; Edward Berens and Margaret Berens, his wife; Alice Bergin; John Binkley and Marie Binkley, his wife; Paul Brand and Mabel Brand, his wife; Ray Burger; Neil Butler and Anita Butler, his wife; Lura Carrithers; Ethel Cleereman; Elva Conley; Alice Day; Herman De Elsa; Euclid De Mers and Elizabeth De Mers, his wife; Myrtle De Mers; Frieda Eberle; Erwin Eckhoff; Bee Faludi; Judson Feliman; Sophie Fraser; Dorothea Froelich; Claire Geisler; Hertha Gerspach; Alvin Glienke and Ruth Glienke, his wife; Ruth Grasse; Cora Grieb; Ruby Gross; Lucille Hamm; Estelle Hoffmann; Alice Hogue; Florence Huge; Phoebe Hutchinson; George Ihlenfeld; Elmer Ingraham and Esther Ingraham, his wife; Henry Jens and Frances Jens, his wife; G. Minnie Jones; Ervin Jung and Margaret Jung, his wife; Anne Kastner; Marian Kools; William Kuhnke; Sylvia Kutik; Lloyd La Mere and Valida La Mere, his wife; Raymond Leichtle and Iris Leichtle, his wife; Bertha Leiner; Ray Leutenegger and Helen Leutenegger, his wife; Elsa Longacre; Edward Lord; Edward Love and Florence Love, his wife; Ralph Luecke; Ruth Madison; Gladys Madison; Edithe Marcks; Verna Marx; Marie May; Matthew McEvoy and Blanche McEvoy, his wife; Marjorie Mueller; Janet Miller; Frank Muller and Marie Muller, his wife; Vincent Nast and Ramona Nast, his wife; Verna Newsome; Lydia Oelke; Helen C. Olsen; Mildred Olsen; Evelyn Olson; William Pagel and Mabel Pagel, his wife; Mildred Palmer; Adeline Panzer; Stella Papke; Ruth Pieper; William Potterton; Florence Qualman; Minerva Reifschlager; Carl Reuter and Bernice Reuter, his wife; Walter Ripple; John Rittenhouse and Angela Rittenhouse, his wife; Frank Ross; Myra Rubyor; Violet Rusch; Ferdinand Schmalzer; Mary Schneider; Harold Schneller and Blanche Schneller, his wife; Gladys Schroeder; Dorothy Schwarz; Augusta H. Simon; Mary Stephany; Pauline Strassburg; Norma Stude; Margaret Turner; Edward Unger; Walter Veling and Mildred Veling, his wife; Edna Wagner; Eleanor Waigli; Helen Webster; Edna Wedig; John Weigand and Marie Weigand, his wife; Edith Weinhoff; Burkie R. West; Eleanor Wilson; Arthur Wiskow and Gertrude Wiskow, his wife; Frances Wisman; Margaret Witte; Marion Woleben; and Erika Wolf, Plaintiffs, v. COVENANT LIVING CENTERS-NORTH, INC.; Covenant Living Services Cooperative; Covenant Living Center-South, Inc.; Covenant Living Centers-Minnesota, Inc.; Rev. James G. E. Williams and Erna Wagner, Defendants.

United States District Court, E. D. Wisconsin.

February 4, 1980.


Attorney(s) appearing for the Case

Mark W. Ninneman, Milwaukee, Wis., for plaintiffs.

Robert F. Rice, Menomonee Falls, Wis., for defendants.


DECISION AND ORDER

REYNOLDS, Chief Judge.

This is an action for declaratory and injunctive relief, contract reformation, and damages brought pursuant to 28 U.S.C. § 1332, the Securities Act of 1933, 15 U.S.C. § 2 and § 77a et seq., and Rule 10b-5 of the Securities and Exchange Commission. The plaintiffs are residents of a retirement center known as Tudor Oaks-North, located in Milwaukee, Wisconsin. The defendants Covenant Living Centers-North...

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