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RITCHIE v. McGRATH

No. 48,580

1 Kan. App. 2d 481 (1977)

571 P.2d 17

J. PROCTOR RITCHIE; H.D. RITCHIE; E.D. RITCHIE; BARBARA MARY RITCHIE; H.D. RITCHIE, as Natural Guardian for MARY MARTHA RITCHIE and EDWARD CHARLES RITCHIE; and E.D. RITCHIE, as Natural Guardian for JULIE RITCHIE, JAN RITCHIE and JACK DAVIS RITCHIE, Appellants, v. ROBERT V. McGRATH; VIRGIL S. BROWNE, JR.; HENRY W. BROWNE; DEBORAH LEE BROWNE; E.B. SHAWVER; JERRY E. SHAWVER; STELBAR OIL CORPORATION, INC.; and BOULEVARD STATE BANK, Appellees.

Court of Appeals of Kansas.

Petition for review denied September 12, 1977.

Attorney(s) appearing for the Case

Robert Martin and Larry B. Spikes of Martin, Pringle, Schell & Fair, of Wichita, for the appellants.

Donald R. Newkirk and Gerrit H. Wormhoudt of Fleeson, Gooing, Coulson & Kitch, of Wichita, for the appellee, Robert V. McGrath.

Robert L. Howard and James M. Armstrong of Foulston, Siefkin, Powers & Eberhardt, of Wichita, for the appellees, Virgil S. Browne, Jr., Henry W. Browne, E.B. Shawver, Jerry E. Shawver, and Stelbar Oil Corporation, Inc.

Before SPENCER, P.J., ABBOTT and SWINEHART, JJ.

SPENCER, J.:

Initially commenced as a class action and a derivative action pursuant to K.S.A. 60-223 et seq., an order of dismissal was entered as to certain original defendants and this case devolved into a suit wherein plaintiffs, as minority shareholders, seek to recover a proportionate share of a premium received by defendants in the sale of capital stock representing the controlling interest in the Boulevard State Bank, Wichita, Kansas. At the trial level...

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