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ALLEN v. PARK NAT. BANK AND TRUST OF CHICAGO

No. 97-1191.

116 F.3d 284 (1997)

Raymond J. ALLEN, individually and as a shareholder and director of Park National Bank and Trust of Chicago, a national banking association, Plaintiff, Counterclaim Defendant, Appellant, v. PARK NATIONAL BANK AND TRUST OF CHICAGO, a national banking association, et al., Defendants-Appellees, and Sanford E. Takiff, Intervening Defendant, Counterclaim Plaintiff, Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 20, 1997.

Attorney(s) appearing for the Case

Richard J. Phelan (argued), James D. Dasso, John R. Landis, Foley & Lardner, Chicago, IL, for Plaintiff, Counterclaim Defendant, Appellant.

Ronald R. Rassin, Alan J. Wolf, Robbins, Salomon & Patt, Chicago, IL, for Park National Bank & Trust of Chicago.

Richard L. Stavins, Thomas Tryboski, Robbins, Salomon & PAtt, Chicago, IL, for Allen S. Lencioni, Sr.

William E. Rattner, Jay Erens (argued), Hopkins & Sutter, Chicago, IL, for Intervening Defendant, Counterclaim Plaintiff, Appellee.

Before POSNER, Chief Judge, and COFFEY and RIPPLE, Circuit Judges.

POSNER, Chief Judge.

This suit arises out of a struggle between Raymond Allen and Sanford Takiff for control of a national bank. It was filed by Allen, initially against the bank and its president, complaining that the bank's action in adjourning the shareholders' meeting at which the board of directors was to be elected in 1996, and in subsequently seating a board dominated by Takiff, violated provisions of the National Bank Act, 12 U.S.C. §§ 61, 71, regarding...

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