BLOUNT v. TAFT

No. 753SC1014.

225 S.E.2d 583 (1976)

29 N.C. App. 626

Marvin K. BLOUNT, Sr., et al. v. E. H. TAFT, Jr., et al.

Court of Appeals of North Carolina.

June 16, 1976.


Attorney(s) appearing for the Case

Haywood, Denny & Miller by Egbert L. Haywood and John C. Martin, Durham, for plaintiffs-appellees.

Manning, Fulton & Skinner by Howard E. Manning and Dan J. McLamb, Raleigh, for defendants-appellants.


CLARK, Judge.

This appeal presents one issue: Did the trial court err in concluding that Article III, Section 7, of the by-laws adopted on 20 August 1971, was a shareholders' agreement pursuant to G.S. 55-73(b) and not a by-law which could be amended, as could other by-laws, by the corporate directors?

The shareholders' agreement is recognized and approved by the North Carolina Business Corporation Act of 1955, G.S. 55-73(b) providing as follows:

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