Ralph D. Swanson, Marie A. Swanson and Janet C. Sheaff, Roy E. Crummer, Intervening v. Glen W. Traer

SCHNACKENBERG, Circuit Judge.

The United States Supreme Court reviewed our decision in this case, Swanson v. Traer, 7 Cir., 230 F.2d 228, and held that jurisdiction, based upon diversity of citizenship, is present. Swanson v. Traer, 354 U.S. 114, 77 S.Ct. 1116, 1 L.Ed.2d 1221. That court therefore reversed our judgment and remanded the case with instructions that we consider whether, under Illinois law, this suit is of that special character which stockholders may bring, which question we did not reach in our prior opinion.

It will be noted that the Supreme Court referred to Hawes v. City of…