CROSS v. BOARD OF DIRECTORS OF PLAINS CO-OP.

No. 76-891.

570 P.2d 1307 (1977)

Audrey CROSS, Mary Blodgett, Stuart Tyner, Hazel Gardner, John Maurice, Leonard Dutton, Lee Benton, Gus Schreiner, Individually, and as shareholders of the Plains Cooperative Telephone Association, Incorporated, and also as the members of the Ad Hoc Committee for a fair election for The Plains Cooperative Telephone Association, Incorporated, an Unincorporated Association, Plaintiffs-Appellants, v. The BOARD OF DIRECTORS OF the PLAINS COOPERATIVE TELEPHONE ASSOCIATION, INCORPORATED, and David G. Idler, E. H. Wiant, R. M. Wingfield, Earvil Brooks, Oscar G. Cox, N. M. Wilhelms, Individually, and as directors and managers of the Plains Cooperative Telephone Association, Incorporated, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 22, 1977.

Certiorari Denied November 15, 1977.


Attorney(s) appearing for the Case

Clark, Martin & Pringle, Warren O. Martin, Denver, for plaintiffs-appellants.

Francis A. Benedetti, Wray, for defendants-appellees.


STERNBERG, Judge.

Plaintiffs, shareholders in Plains Cooperative Telephone Association, appeal the dismissal of their complaint against the Board of Directors of the Association and the award of damages to the Association based on the stockholders having obtained a temporary restraining order improperly. We reverse.

Alleging in their complaint a failure to comply with the provisions of corporate bylaws in calling the annual shareholders' meeting of the Association...

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