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WILSMANN v. UPJOHN CO.

Nos. 84-1333, 84-1334.

775 F.2d 713 (1985)

Edward J. WILSMANN, Plaintiff-Appellant, Cross-Appellee, v. UPJOHN CO. and Upjohn Health Care Services, Inc., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 24, 1985.

Rehearing and Rehearing Denied January 20, 1986.

Attorney(s) appearing for the Case

Richard C. Walsh argued, Walsh, Miller, Rayman & Langeland, Kalamazoo, Mich., for appellant cross appellee.

Rosalind C. Cohen argued, Asst. General Counsel, Jacob H. Stillman, Washington, D.C., amicus curiae counsel.

Thomas G. Parachini, Dirk J. Holkeboer-Lead Counsel Miller, Canfield, Paddock & Stone, Kalamazoo, Mich., Charles Lister, argued, Washington, D.C., for appellee cross appellant.

Before JONES and WELLFORD, Circuit Judges; and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 20, 1986.

BAILEY BROWN, Senior Circuit Judge.

In this case, which arises out of the merger of Homemakers, Inc. with the Upjohn Company (Upjohn), the jury found that Upjohn violated section 10(b) of the Securities Exchange Act of 1934 ('34 Act), 15 U.S.C. § 78j (1981), and the Securities and Exchange Commission's (SEC) Rule 10b-5, 17 C.F.R. § 240.10b-5 (1985), and awarded plaintiff Wilsmann, Homemakers...

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