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OSTER v. KRAUSE

No. 64-333.

168 So.2d 558 (1964)

Harold OSTER, individually and as Trustee, David Blaushild, Harry Cohen, Joseph Segal, David E. Rose, Joseph Silber, Sylvia J. Oster and S & M Manufacturing Company, Arthur Feldman, Arthur Haupt, Edward Kirtz and Bernard Newman, Appellants, v. Sylvan B. KRAUSE, as Trustee and individually, J. Leon Kahn, Fred Hyman, Gertrude Krause and Tessie Drusin, Executrix, Appellees.

District Court of Appeal of Florida. Third District.

November 3, 1964.

Attorney(s) appearing for the Case

B.C. Fuller, Miami Beach, for appellants.

Fogle & Fordham and Richard K. Fink, Miami, for appellees.

Before BARKDULL, C.J., and CARROLL and HORTON, JJ.

CARROLL, Judge.

The appellant Harold Oster filed a suit in equity in Dade County seeking termination of a voting trust, removal of a trustee, or other appropriate relief. On a motion of the defendant trustee to dismiss for failure to state a cause of action, the complaint was dismissed, and the plaintiff appealed.

The complaint as amended alleged that plaintiff and eleven other stockholders had entered into the voting...

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