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DOWD v. CHARLOTTE PIPE & FOUNDRY CO.

No. 257.

139 S.E.2d 10 (1964)

263 N.C. 101

Sidney M. DOWD v. CHARLOTTE PIPE & FOUNDRY COMPANY, a Corporation, and W. Frank Dowd and wife, Elizabeth Roddey Dowd, Frank Dowd, Jr., Roddey Dowd, W. C. Thompson, F. Dwight Stephens, Robert C. Stephens, and E. H. Hardison, said individuals constituting the Board of Directors and also the Officers of the Defendant Corporation.

Supreme Court of North Carolina.

November 25, 1964.

Attorney(s) appearing for the Case

Warren C. Stack, James L. Cole, Charlotte, for plaintiff appellee.

Blakeney, Alexander & Machen, Whiteford S. Blakeney, Ernest W. Machen, Jr., Charlotte, for defendant appellants.

HIGGINS, Justice.

The appeal involves the question whether the complaint shows a misjoinder of parties and causes. The demurrer was based solely upon that ground. May a stockholder in a corporation sue the corporation, and join its directors as defendants, for failure to declare adequate dividends from the corporation's earnings; and may he join therewith a second cause of action for liquidation and involuntary dissolution of the corporation based upon bad faith management...

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