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SCOTT COUNTY TOBACCO WAREHOUSES, INC. v. HARRIS

201 S.E.2d 780 (1974)

SCOTT COUNTY TOBACCO WAREHOUSES, INCORPORATED, et al. v. R. J. HARRIS and J. T. Harris.

Supreme Court of Virginia.

January 14, 1974.

Attorney(s) appearing for the Case

Francis W. Flannagan, Bristol (Waldo G. Miles; Woodward, Miles & Flannagan, Bristol, on brief), for appellants.

William W. Eskridge, Abingdon, (Penn, Stuart & Eskridge, Abingdon, on brief), for appellees.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

HARMAN, Justice.

The controversy here arises from action taken at a special meeting of the stockholders of Scott County Tobacco Warehouses, Incorporated (the corporation), on May 19, 1972. On this appeal we must determine whether the action of a majority of the stockholders in removing the 16 incumbent directors of the corporation and electing a board of 3 directors in their stead is valid.

The corporation was incorporated, sub nomine, on March 28,...

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