PRATT v. BALLMAN-CUMMINGS FURNITURE CO.

No. 73-5.

495 S.W.2d 509 (1973)

Howard C. PRATT et al., Appellants, v. BALLMAN-CUMMINGS FURNITURE CO., et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied July 2, 1973.


Attorney(s) appearing for the Case

Hardin, Jesson & Dawson and Pearce, Robinson & McCord, Fort Smith, for appellants.

Bethell, Callaway & Robertson, Fort Smith, for appellees.


BROWN, Justice.

The appellants are minority stockholders of Ballman-Cummings Furniture Company of Ft. Smith. They claim that by a vote of the majority stockholders of Baldwin-Cummings, the corporation, under the pretext of forming a partnership with Ft. Smith Chair Company, Inc., accomplished a de facto merger or consolidation of the two corporations. If the arrangement is in fact a partnership it is authorized by Ark. Stat.Ann. § 64-104 (B.6) (Repl.1966); if...

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