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KERN v. CHICAGO & E.I.R. CO.

Gen. No. 48,099.

31 Ill. App.2d 300 (1961)

175 N.E.2d 408

Paul J. Kern and Irving M. Lesch, Plaintiffs-Appellants, v. Chicago & Eastern Illinois Railroad Co., an Indiana Corporation, Alfred MacArthur, David O. Mathews, and F.S. Yantis, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied June 28, 1961, and opinion modified.

Attorney(s) appearing for the Case

Goldberg & Levin, of Chicago (Mayer Goldberg and Marvin Sacks, of counsel), for appellant.

P.C. Mullen and Gerald J. O'Rourke, of Chicago, for appellees.

MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

This is an appeal from an order sustaining defendants' motion for summary decree and dismissing for want of equity a suit brought by preferred shareholders seeking a declaratory decree holding that defendant company had illegally amended its bylaws in order to create a system of staggered elections of directors, and for injunctive and other relief. The...

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