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CHAMPION PARTS, INC. v. OPPENHEIMER & CO.

No. 88-2768.

878 F.2d 1003 (1989)

CHAMPION PARTS, INC., Plaintiff-Appellant, v. OPPENHEIMER & CO.; Daniel J. O'Neill; and Peter A. Russ, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 7, 1989.

Attorney(s) appearing for the Case

Peter V. Baugher, Schopf & Weiss, Randall L. Mitchell, Paul E. Lehner, Adams, Fox, Adelstein, Rosen & Bell, and Philip Fertik, Beigel & Sandler, Chicago, Ill., for Champion Parts Rebuilders, Inc., an Illinois Corp., plaintiff-appellant.

David L. Carden, Shelley L. Rice, Lee A. Russo, Coffield, Ungaretti, Harris & Slavin, Chicago, Ill., Dennis J. Block, Joseph S. Allerhand, and Andrea J. Roth, Weil, Gotshal & Manges, New York City, for Oppenheimer & Co., Inc., a Delaware corp., defendant-appellee.

David L. Passman, Chicago, Ill., for Daniel J. O'Neil and Peter A. Russ, defendants-appellees.

Before BAUER, Chief Judge, FLAUM and EASTERBROOK, Circuit Judges.

FLAUM, Circuit Judge.

This case involves an attempt by Champion Parts, Inc. ("Champion") to recover from the defendants the money it expended in a successful attempt to obtain equitable relief against a group of investors. The basis of Champion's action against the investors was that the investors failed to file proper disclosures under 15 U.S.C. § 78m(d) (1988) ("§ 13(d)") after they had accumulated greater than 5 percent of Champion's outstanding stock...

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