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SWAFFORD v. BERRY

No. 20259.

382 P.2d 999 (1963)

Geraldine B. SWAFFORD and Marion B. Whittle, Plaintiffs in Error, v. William R. BERRY, William R. Berry, Jr., Gerald L. Berry, Daniel J. Berry, a Minor, by William R. Berry, His Guardian, and Monarch Winter Sports, Inc., a Colorado Corporation, Defendants in Error.

Supreme Court of Colorado. In Department.

June 24, 1963.

Attorney(s) appearing for the Case

Leslie A. Gifford, Aurora, for plaintiffs in error.

Boyle & Witty, Salida, for defendants in error.

PRINGLE, Justice.

This action was instituted by Geraldine Swafford and Marion Whittle "representatively and derivately on their own behalf and on behalf of all other stockholders * * similarly situated", against William Berry, William Berry, Jr., Gerald Berry and Daniel Berry, a minor, as individual defendants, and Monarch Winter Sports, Inc. as corporate defendant. The parties are aligned here as they were in the trial court and will be referred to as plaintiffs...

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