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MILLER v. MILLER

No. 43759.

222 N.W.2d 71 (1974)

Oscar M. MILLER, Appellant, v. Benjamin A. MILLER, et al., Respondents, Miller Waste Mills, Inc., Respondent.

Supreme Court of Minnesota.

September 20, 1974.

Attorney(s) appearing for the Case

Streater, Murphy, Brosnahan & Langford, Roger P. Brosnahan and Kent A. Gernander, Winona, Faegre & Benson and James T. Hale, Minneapolis, for appellant.

Leonard, Street & Deinard, Melvin H. Siegel, and Charles A. Mays, Minneapolis, for Benjamin Miller.

Goldberg & Torgerson, Winona, for Miller Waste Mills, Inc.

Considered and decided by the court en banc.

ROGOSHESKE, Justice.

This is a shareholder's derivative action brought by Oscar M. Miller, a minority shareholder, for the benefit of Miller Waste Mills, Inc., (hereafter Miller Waste) to recover assets and profits of the other named defendant corporations. Those corporations (hereafter called defendant corporations) are owned and controlled by defendants Rudolph W. Miller and Benjamin A. Miller, who, while in active management...

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