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CAREY v. PENNSYLVANIA ENTERPRISES, INC.

No. 88-5968.

876 F.2d 333 (1989)

CAREY, Edward, v. PENNSYLVANIA ENTERPRISES, INC.; Obara, Frank J., Jr.; Barbera, Michael J.; Ferrucci, Mark A. Appeal of Edward M. CAREY.

United States Court of Appeals, Third Circuit.

Decided May 31, 1989.

Attorney(s) appearing for the Case

H. Robert Fiebach, David M. Doret (Argued), Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., Bour, Gallagher, Foley, Cognette, Cowley & Douglass, Scranton, Pa., Gadsby & Hannah, Boston, Mass., for appellant.

Richard Z. Freemann, Jr. (Argued), Walter M. Einhorn, Jr., Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for appellee.

Before SEITZ, SLOVITER and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This is a diversity case involving a dispute between a Pennsylvania corporation, Pennsylvania Enterprises, Inc. (PEI), and one of its shareholders, the resolution of which is governed by Pennsylvania law. The shareholder, Edward Carey, challenged the validity of a corporate election in which his position opposing the split of PEI's stock as proposed by management lost by a narrow margin. Thus, he commenced this...

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