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BROWN v. SUPERIOR PONTIAC-GMC, INC.

No. 77-311.

352 So.2d 576 (1977)

Tom Fairfield BROWN and Gary R. Brown, As the Co-Personal Representatives of the Estate of James H. Harrell, Deceased, Appellants, v. SUPERIOR PONTIAC-GMC, INC., a Florida Corporation, and Jim Harrell Pontiac, Inc., an Alabama Corporation, Appellees.

District Court of Appeal of Florida, Second District.

December 2, 1977.

Attorney(s) appearing for the Case

August M. Van Eepoel of Trenam, Simmons, Kemker, Scharf & Barkin, Tampa, for appellants.

Charles F. Clark and Claude H. Tison, Jr. of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellee Jim Harrell Pontiac, Inc.

No appearance for appellee Superior Pontiac-GMC, Inc.

GRIMES, Acting Chief Judge.

The issue presented on this appeal is whether a stockholder who dissents from the sale of his corporation's assets is a creditor under Florida's bulk transfer statutes, Chapter 676, Florida Statutes (1975).

Jim Harrell Pontiac, Inc. was an Alabama corporation which operated an automobile agency in Tampa. On October 30, 1975, this corporation entered into a written agreement to sell its assets to Bay Pontiac Company (now Superior...

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