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FOSTER v. ARATA

No. 4009.

325 P.2d 759 (1958)

William F. FOSTER, Ethel Foster, Laurence Spears, George Evans, Jr., Walter Parman and Margaret Parman, Appellants, v. Silve G. ARATA, Rita Gianelli, Executrix of the Estate of Joseph Gianelli, deceased, Dominic L. Battilana, Individually and as directors and trustees of Tahoe Enterprises, Incorporated, a corporation, Respondents.

Supreme Court of Nevada.

May 20, 1958.

Attorney(s) appearing for the Case

John E. Gabrielli, of Reno, and Hutchinson and Quattrin, of San Francisco, California, for Appellants.

Guild, Busey and Guild, of Reno, and Mazzera, Snyder and DeMartini, of Stockton, California, for Respondents.

BADT, Chief Justice.

Foster and Parman and others, appellants here, as plaintiffs below, sued Arata, Gianelli and Battilana, defendants below and respondents here, in a derivative action seeking a decree declaring void two deeds of trust and a chattel mortgage executed to the defendants by Tahoe Enterprises Incorporated whose stock was owned in part by the plaintiffs and in part by the defendants. By sale under the powers the defendants had bought in all of the mortgaged...

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