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DAVIS COMPANIES v. EMERALD CASINO, INC.

No. 00-4042.

268 F.3d 477 (2001)

DAVIS COMPANIES, a California corporation, Plaintiff-Appellant, v. EMERALD CASINO, INC., formerly known as HP, Inc., an Illinois corporation, Joseph McQuaid, individually and as an agent of HP, Inc., Donald F. Flynn, individually and as an agent of HP, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 28, 2001.

Attorney(s) appearing for the Case

Susan Getzendanner (argued), Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Plaintiff-Appellant.

Francis J. Higgins, John W. Rotunno (argued), Bell, Boyd & Lloyd, Chicago, IL, for Defendants-Appellees.

Before: BAUER, MANION, and KANNE, Circuit Judges.

MANION, Circuit Judge.

Davis Companies filed a complaint against Emerald Casino, Inc., formerly known as HP,1 and three of its officers, alleging breach of an oral contract pursuant to which Davis was to acquire stock ownership in HP. The defendants moved to dismiss under Fed.R.Civ.P. 12(b)(7) for failure to join Richard Duchossois as a necessary and indispensable party, claiming that he was also...

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