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TU-VU DRIVE-IN CORP. v. ASHKINS

Docket No. L.A. 26896.

61 Cal.2d 283 (1964)

391 P.2d 828

38 Cal. Rptr. 348

TU-VU DRIVE-IN CORPORATION et al., Plaintiffs and Appellants, v. DELLA M. ASHKINS et al., Defendants and Respondents.

Supreme Court of California. In Bank.

May 5, 1964.

Attorney(s) appearing for the Case

Higgs, Fletcher & Mack, Vincent E. Whelan and Joel C. Estes for Plaintiffs and Appellants.

Pentoney & Sjogren and Howard A. Pentoney for Defendants and Respondents.

TOBRINER, J.

This case presents the issue of whether a corporation may enforce a bylaw restricting alienation of stock against a nonconsenting stockholder who acquired his stock prior to the enactment of the bylaw. We have concluded that the corporation may enforce such a bylaw. Defendants raise additional issues of waiver and estoppel which, as we point out below, are without merit.

Plaintiff Russo owns 54 per cent of the stock of the Tu-Vu Drive-In Corporation...

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