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FUJISAWA PHARMACEUTICAL CO., LTD. v. KAPOOR

No. 96-3133.

115 F.3d 1332 (1997)

FUJISAWA PHARMACEUTICAL COMPANY, LTD., and Fujisawa USA, Inc., Plaintiffs-Appellants, v. John K. KAPOOR, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 16, 1997.

Attorney(s) appearing for the Case

Robert J. Kopecky, Chaim T. Kiffel, Kirkland & Ellis, Chicago, IL, Kenneth I. Schacter (argued), Peter C. Neger, Mary Gail Gearns, Ted Poretz, Richards & O'Neil, New York City, Jeffrey N. Cole, Cole & Staes, Chicago, IL, for Plaintiffs-Appellants.

Dan K. Webb, George C. Lombardi, W. Gordon Dobie (argued), Jennifer J. Demmon, Hal B. Merck, Winston & Strawn, Kathleen L. Leyden, Franczek, Sullivan, Mann, Crement, Hein & Relias, Chicago, IL, for Defendant-Appellee.

Before POSNER, Chief Judge, and EASTERBROOK and EVANS, Circuit Judges.

POSNER, Chief Judge.

Between 1984 and 1989, Fujisawa Pharmaceutical Company, a large manufacturer of drugs, purchased stock in Lyphomed, Inc., a manufacturer of both proprietary and generic drugs that was controlled by its principal shareholder and executive, John Kapoor. By 1986, Fujisawa had displaced Kapoor as Lyphomed's largest shareholder, owning 30 percent of its shares; and in 1990 Fujisawa merged Lyphomed into a...

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