OSTER v. CAY CONSTRUCTION COMPANY

No. 1056.

204 So.2d 539 (1967)

Harold OSTER, Harry Cohen, Joseph Silber, Joseph Segal, David Blaushild, Arthur Feldman, D.E. Rose, Bernard Newman, Edward Kirtz, S & M Manufacturing Co., a Partnership Trust by N. John Serbin, Trustee, and Arthur Haupt, Appellants, v. CAY CONSTRUCTION COMPANY, a Florida Corporation, Sylvan B. Krause, Individually, As an Officer of Conlee Construction Company, As a Director of Conlee Construction Company, As an Officer of Cay Construction Company, As a Director of Cay Construction Company, and As a Stockholder of Cay Construction Company, J. Leon Kahn a/k/a N. Leon Kahn, Individually, As a Stockholder of Conlee Construction Company, As an Officer of Cay Construction Company, As a Director of Cay Construction Company, and As a Stockholder of Cay Construction Company et al., Appellees.

District Court of Appeal of Florida. Fourth District.

December 7, 1967.


Attorney(s) appearing for the Case

Richard E. Reckson, of Heiman & Crary, Cocoa, for appellants.

Benjamin Smathers and Robert J. Pleus, Jr., of Smathers, Tepper & Pleus, Orlando, and Fogle & Fordham, Miami, for appellees.


REED, Judge.

The plaintiff in this action is a corporation suing a director and others for an accounting and other relief from damages allegedly arising out of a breach of fiduciary duties owed by the defendants to the plaintiff.

The appellants filed in the trial court a petition for leave to intervene, alleging themselves to be holders of the majority of the stock of the plaintiff corporation. This is an interlocutory appeal from the trial court's order denying...

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