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HARDWICKE COMPANIES, INCORPORATED v. FREED

Nos. 73-328, 73-329.

299 So.2d 116 (1974)

HARDWICKE COMPANIES, INCORPORATED, et al., Appellants, and Polly Amy Knowles, As Administratrix of the Estate of James A. Knowles, Deceased and James A. Knowles, INC., Cross-Appellants, v. Leonard FREED et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 10, 1974.

Attorney(s) appearing for the Case

William C. Frye, of Trenam, Simmons, Kemker, Scharf & Barkin, Tampa, for appellants Hardwicke Companies, Inc., James J. Murray Investments, Valerie Sexton, Warner LeRoy, Harris J. Ashton and Gerald Breslauer, as trustee; Daniel J. Sullivan, of Lovejoy, Wasson, Lundgren & Ashton, New York City, of counsel.

Fowler, White, Humkey, Burnett, Hurley & Banick, Miami, for appellant Ben L. Harrison.

William F. McGowan, Jr., of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for cross-appellants.

Michael L. Hastings, of Parker, Battaglia, Parker, Ross & Stolba, St. Petersburg, for appellees Freed, Kenet & National Medical Center, Inc.

Richard L. Lapidus, of Lapidus & Hollander, Miami, for appellee Maxwell L. Dauer.

BOARDMAN, Judge.

This is an appeal by a group of minority shareholders-intervenors holding 27.1% of the shares of National Medical Properties, Inc., a Delaware corporation, one of the appellees, (hereinafter referred to as NMP) from an order entered by the trial court approving the settlement of a stockholders' derivative suit. The action alleged corporate waste with respect to the transfer of a hospital site in Miami and the use of architectural plans to build the...

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