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ALBERT TROSTEL & SONS CO. v. NOTZ

No. 10-3509.

679 F.3d 627 (2012)

ALBERT TROSTEL & SONS COMPANY, Plaintiff-Appellee, v. Edward NOTZ and Sandra K. Notz, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 10, 2012.

Attorney(s) appearing for the Case

Thomas L. Shriner, Jr. (argued), Foley & Lardner LLP, Milwaukee, WI, for Plaintiff-Appellee.

Matthew W. O'Neill (argued), Fox, O'Neill & Shannon, Milwaukee, WI, for Defendants-Appellants.

Before EASTERBROOK, Chief Judge, and TINDER and HAMILTON, Circuit Judges.

EASTERBROOK, Chief Judge.

Albert Trostel & Sons Company (Trostel) was founded in 1858. By 2007 the founder's relations still owned about 11% of its stock. Everett Smith Group, Ltd. (Smith), which owned the other 89%, decided to acquire the remaining shares via a freezeout merger. Voting was a formality; Smith's shares assured the merger's approval. Trostel became Smith's wholly owned subsidiary. Edward Notz, one of Albert Trostel's great grandchildren, who owned...

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