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BABBITT v. PACCO INVESTORS CORP.

246 Or. 261 (1967)

425 P.2d 489

BABBITT, Respondent, v. PACCO INVESTORS CORP. ET AL, Appellants.

Supreme Court of Oregon.

Affirmed March 15, 1967.

Attorney(s) appearing for the Case

Monte Bricker, Portland, argued the cause for appellant Pacco Investors Corp. On the briefs were Reiter, Day, Anderson & Wall.

George M. Joseph, Portland, argued the cause for appellant R.W. Kitson. On the briefs were Morrison & Bailey and Tom P. Price.

C.X. Bollenback, Portland, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

AFFIRMED.

LUSK, J.

Plaintiff brought this action against Pacco Investors Corp., an Oregon corporation, and R.W. Kitson, its Registered Agent, to recover a statutory penalty for the refusal of the defendants to permit the plaintiff, claiming to be a shareholder of record, to examine the books and records of the corporation. In a jury trial plaintiff recovered a judgment for $5,000 from which defendants have appealed.

The applicable statute reads:

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