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MONTGOMERY PIPE & TUBE CO. OF FLORIDA v. MANN

No. 67-745.

205 So.2d 660 (1968)

MONTGOMERY PIPE & TUBE CO. OF FLORIDA, a Florida Corporation, and David H. Smith, Ervin Greenbaum and Stanley Spitzer, Individually, Appellants, v. Sidney MANN, Appellee.

District Court of Appeal of Florida. Third District.

January 9, 1968.

Attorney(s) appearing for the Case

Kelly, Black & Black, Neal P. Rutledge, Miami, for appellants.

Horton & Schwartz, Kovner, Mannheimer & Greenfield, Miami, for appellee.

Before BARKDULL, HENDRY and SWANN, JJ.

SWANN, Judge.

This interlocutory appeal is from an order which granted a temporary injunction to the plaintiff below, Sidney Mann (appellee).

The appellant, Montgomery, is a Florida corporation. Its stockholders consisted of the appellants, Smith, Greenbaum, Spitzer and the appellee, Sidney Mann.

Appellant's corporate by-laws contained, in Article V, Section 5, the following language:

"The officers of the corporation shall hold office for...

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