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ROACH v. FRANCHISES INT.

32 A.D.2d 247 (1969)

Alfred J. Roach et al., Individually and as Stockholders of Mary's Sunshine Dairies, Inc., Suing on Behalf of Themselves and All Other Stockholders Similarly Situated, Respondents, v. Franchises International, Inc. et al., Defendants; and Mary's Sunshine Dairies, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 2, 1969.

Attorney(s) appearing for the Case

Kronish, Lieb, Shainswit, Weiner & Hellman (Seymour Shainswit, Walter H. Weiner and David N. Ellenhorn of counsel), for appellant.

Keating & Brodkin (Albert H. Brodkin of counsel), for respondents.

BRENNAN, Acting P. J., RABIN, BENJAMIN and MUNDER, JJ., concur.

HOPKINS, J.

In this stockholders' derivative action, the plaintiffs allege that certain named individuals and corporations conspired to acquire the majority control of Mary's Sunshine Dairies, Inc. (the appealing defendant and hereinafter referred to as the corporation), to exploit its business in violation of contractual and fiduciary obligations, and to transfer its assets in deprivation of the rights of the minority stockholders, among whom are the...

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