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HILLHAVEN CORP. v. STATE EX REL. MANOR CARE

565 S.W.2d 210 (1978)

The HILLHAVEN CORPORATION, Appellant, v. The STATE of Tennessee ex rel. MANOR CARE, INC., et al., Appellees.

Supreme Court of Tennessee.

April 28, 1978.

Attorney(s) appearing for the Case

Robert M. Johnson, Memphis, Robert C. Hendon, Jr., Nashville, for appellant; Canada, Russell & Turner, Memphis, Waller, Lansden, Dortch & Davis, Nashville, of counsel.

Charles F. Newman, Charles G. Burr, Memphis, for appellees; Burch, Porter & Johnson, Memphis, Kramer, Lowenstein, Nessen, Kamin & Soll, New York City, of counsel.

OPINION

HARBISON, Justice.

Appellees, as minority stockholders in the Hillhaven Corporation, instituted this action in the Chancery Court of Shelby County as a petition for mandamus, seeking to enforce their right to inspect the books and records of the corporation and to obtain a list of shareholders, pursuant to T.C.A. § 48-717. Appellees alleged that they collectively owned fewer than five percent of the outstanding shares and that they had held...

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