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BYRNE v. MORLEY

No. 8250.

299 P.2d 758 (1956)

Martin T. BYRNE, Robert Doolittle, Frank A. Naccarato, Seymour Katims, and Frank H. Anselmo, Jr., Directors of the Bank of North Idaho, Inc., Plaintiffs-Respondents, v. James C. MORLEY, Barbara Turner Lang, John R. Mitchell, Robert K. Kelly and Margie Kelly, Defendants-Appellants.

Supreme Court of Idaho.

July 5, 1956.

Attorney(s) appearing for the Case

Harold S. Purdy, Coeur d'Alene, Bandelin, Bandelin & Ponack, Sandpoint, Chester A. Lesh, Earl A. Phillips, Seattle, Wash., for appellants.

Edward J. Bloom, San Francisco, Cal., Greene & Hunt, James E. Hunt, and Raymond T. Greene, Jr., Sandpoint, Fred F. Kondo, Priest River, for respondents.

TAYLOR, Chief Justice.

This action was brought to determine the validity of actions taken at a special stockholders' meeting and at a purported adjourned session thereof. At the time involved, the corporation, the Bank of North Idaho, Inc., had 400 shares of capital stock outstanding. The plaintiff, Martin T. Byrne, was the owner of 105 shares and his wife, Mary Agnes Byrne, was the owner of 100 shares. November 2, 1953, Byrne,

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