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JOHNSON v. DUENSING

No. 47080.

332 S.W.2d 950 (1960)

Harold E. JOHNSON, Plaintiff-Respondent, v. E. A. DUENSING, George Duensing, Jr., S. C. Vaughn, J. R. Proctor, R. W. Meyer, Charles Israel, Appellants, Missouri River Sand and Gravel Company, a Corporation, Defendant-Respondent, B. D. Trout, R. A. Johnson, Jr., G. W. Winn, Appellants.

Supreme Court of Missouri, En Banc.

March 14, 1960.

Attorney(s) appearing for the Case

L. O. Schaumburg, W. H. Martin, Schaumburg & Martin, Boonville, Edward T. Matheny, Jr., Caldwell, Eastin, Blackwell & Oliver, Kansas City, for appellants.

William H. Becker, Columbia, for respondent.

DALTON, Judge.

This cause comes to the writer on reassignment after an opinion on the merits failed of adoption. The action is in equity in two counts, both based upon the same factual averments. The cause was instituted in the Circuit Court of Cooper County on November 19, 1956, by plaintiff-respondent Johnson as a minority stockholder in the defendant Missouri River Sand and Gravel Company, a corporation. He characterizes the action as a minority stockholder's derivative...

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