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HOWING CO. v. NATIONWIDE CORP.

No. 89-4084.

972 F.2d 700 (1992)

HOWING COMPANY; Douglas McLellan, Plaintiffs-Appellants, v. NATIONWIDE CORPORATION; Nationwide Mutual Insurance Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

August 17, 1992.

Rehearing and Rehearing Denied November 4, 1992.

Attorney(s) appearing for the Case

William R. Jacobs (argued and briefed), Strauss & Troy, Cincinnati, Ohio, for plaintiffs-appellants Howing Co. and Douglas McLellan.

Frederick J. McGavran, Frost & Jacobs, Cincinnati, Ohio, Jeffrey S. Davidson (argued and briefed), Kirkland & Ellis, Los Angeles, Cal., for defendants-appellees Nationwide Corp. and Nationwide Mut. Ins. Co.

Before: MERRITT, Chief Judge; GUY, Circuit Judge; and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied November 4, 1992.

BAILEY BROWN, Senior Circuit Judge.

This securities action brought by minority public shareholders of Nationwide Corporation arises from a freeze-out merger of Nationwide Corporation with a parent corporation, Nationwide Mutual Insurance Company, which, with another parent, Nationwide Mutual Fire Insurance Company, immediately prior to the merger owned approximately 85% of the shares of the subsidiary...

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