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SWEENEY v. BRIDAL FAIR, INC.

No. 40075.

237 N.W.2d 138 (1976)

195 Neb. 166

Kevin B. SWEENEY, Appellant, Cross-Appellee, v. BRIDAL FAIR, INC., a corporation et al., Appellees-Cross-Appellants, Impleaded with Donald E. Tawzer, Appellee-Cross-Appellee.

Supreme Court of Nebraska.

January 8, 1976.

Attorney(s) appearing for the Case

Joel Davis, White, Lipp, Simon & Powers, Omaha, Ronald J. Meltzer, Seattle, Wash., for appellant.

Schmid, Ford, Mooney, Frederick & Caporale, Frederick B. Allan, Jr., Omaha, for appellees.

Heard before WHITE, C. J., BOSLAUGH, CLINTON and BRODKEY, JJ., and MORAN, District Judge.

BOSLAUGH, Justice.

This was an action for a declaratory judgment to determine the rights of the parties in regard to an issue of additional stock in Bridal Fair, Inc., a corporation, which sells promotion plans to radio stations and other markets. The plaintiff and the defendants, other than the corporation, are stockholders in the corporation.

In 1971 the corporation was in financial difficulty because it was under-capitalized. At a special stockholders meeting...

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