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SCHNITZER v. O'CONNOR

Nos. 1-93-3887, 1-94-1277.

653 N.E.2d 825 (1995)

274 Ill.App.3d 314

210 Ill.Dec. 630

Trude SCHNITZER, as Ex'r of the Estate of Selma Bernheimer, Indiv. and Derivatively on behalf of Commonwealth Edison Company, Plaintiff-Appellant, v. James J. O'CONNOR, Thomas L. Bide, Jean Allard, James W. Compton, Donald P. Jacobs, George E. Johnson, Harvey Kapnick, Byron Lee, Jr., Patrick G. Ryan, and Lando W. Zech, Jr., Defendants-Appellees (Commonwealth Edison Company, Nominal Defendant-Appellee).

Appellate Court of Illinois, First District, Fifth Division.

July 7, 1995.

Attorney(s) appearing for the Case

Much, Shelist, Freed, Denenberg & Ament, P.C., Chicago (Michael J. Freed, Edith F. Canter, William H. London, of counsel), Chimicles, Jacobsen & Tikellis, Haverford, PA (Michael Gottsch, of counsel), for appellant.

Jenner & Block, Chicago (Nicholas D. Chabraja, David C. Bohan, Robert L. Denby, of counsel), Pope, Cahill & Devine, Chicago (William R. Quinlan, of counsel), Kevin M. Forde, Chicago, for appellees.

Presiding Justice COUSINS delivered the opinion of the court:

The plaintiff, Trude Schnitzer, filed a shareholder derivative suit on behalf of Commonwealth Edison Company (Edison) against the defendants—certain present and former directors of Edison—alleging a breach of their duties regarding the construction of nuclear power plants. Six months before the Schnitzer complaint, another Edison shareholder, Bertha Miller, had filed a shareholder derivative...

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