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HEFFERNAN v. PACIFIC DUNLOP GNB CORP.

No. 91-2762.

965 F.2d 369 (1992)

Daniel E. HEFFERNAN, Plaintiff-Appellant, v. PACIFIC DUNLOP GNB CORPORATION, a Delaware corporation, and GNB Incorporated, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 5, 1992.

Attorney(s) appearing for the Case

Gerald A. Novack (argued), George W. Arnett, III, Lord, Day, Lord, Barrett & Smith, New York City, Derke J. Price, Nick J. DiGiovanni, Lord, Bissell & Brook, Chicago, Ill., for plaintiff-appellant.

Peter J. Meyer, Michael J. Koenigsknecht (argued), Daniel J. Sheridan, Gardner, Carton & Douglas, Chicago, Ill., Lewis S. Black, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendants-appellees.

Before FLAUM and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

Litigation is an occupational hazard for corporate directors, albeit one that may often be shifted to the corporation through indemnification. In this diversity case, we consider whether Delaware law precludes a former director from obtaining indemnification from the corporations he served. For the reasons that follow, we hold that the district court prematurely dismissed this case under Rule...

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