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ISQUITH BY ISQUITH v. CAREMARK INTERN., INC.

No. 97-2026.

136 F.3d 531 (1998)

Rebecca ISQUITH, by her custodian, Fred T. ISQUITH, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. CAREMARK INTERNATIONAL, INC., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 1998.

Attorney(s) appearing for the Case

Terry Rose Saunders, Chicago, IL, Arthur T. Susman, Robert E. Williams, Charles R. Watkins (argued), Susman, Buehler & Watkins, Chicago, IL, for Plaintiff-Appellant.

Dan K. Webb, Howard M. Pearl, Julie A. Bauer, Kevin D. Finger, Winston & Strawn, Chicago, IL, for Caremark International Incorporated.

Tyrone c. Fahner, Vincent J. Connelly, Bennett W. Lasko (argued), Edward H. Williams, Mayer, Brown & Platt, Chicago, IL, for Baxter International Incorporated.

Michael A. Pollard, William J. Linklater, Baker & McKenzie, Chicago, IL, for C.A. Lance Piccolo, James G. Connelly, III, Thomas W. Hodson.

Before POSNER, Chief Judge, and CUMMINGS and MANION, Circuit Judges.

POSNER, Chief Judge.

This is a class action suit under Rule 10b-5 of the SEC and other antifraud provisions of federal securities law, with supplemental claims under state corporation law. The suit, against Baxter International (the pharmaceutical manufacturer) and a spun-off former wholly owned subsidiary of Baxter called Caremark, charges that Baxter submitted a fraudulent statement to the Securities and Exchange Commission in connection with the spinoff. The district...

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