HINCKLEY v. SWANER

No. 9560.

13 Utah 2d 93 (1962)

368 P.2d 709

SHERMAN B. HINCKLEY AND BONNEVILLE ON THE HILL COMPANY, PLAINTIFFS AND RESPONDENTS, v. ROBERT B. SWANER, PETER B. SWANER, AND NORTH POINT CONSOLIDATED IRRIGATION COMPANY, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

February 9, 1962.


Attorney(s) appearing for the Case

James E. Faust, Salt Lake City, for appellants.

Marr, Wilkins & Cannon, Richard H. Nebeker, Salt Lake City, for respondents.


HENRIOD, Justice.

Appeal from a declaratory judgment stating that a majority vote of shareholders at a properly called meeting for the purpose, was sufficient to add a fifth director to a previous four-man directorship. Affirmed, with costs to plaintiffs.

The corporation's articles provide that "There shall be enacted by ballot by the stockholders * * * A Board of Directors consisting of not less than four nor more than six, and until otherwise determined...

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