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PELFREY v. BANK OF GREER

20683

270 S.C. 691 (1978)

244 S.E.2d 315

Lee D. PELFREY, Suing Derivatively on Behalf of Associated Railway Contractors, Inc., its Stockholders, Creditors and all other persons entitled to participate in the Distribution of its Assets, Respondents, v. BANK OF GREER, South Carolina, Appellant.

Supreme Court of South Carolina.

May 11, 1978.

Attorney(s) appearing for the Case

Ronald K. Edwards, William McB. Wood, and John B. Duggan, Edwards, Wood, Duggan & Reese, Greer, for appellant.

J. Kendall Few, Anderson, and John W. Fields, Seneca, for respondents.

May 11, 1978.

LEWIS, Chief Justice:

This is a corporate stockholder's derivative action to recover damages on behalf of the corporation resulting from the alleged negligence and breach of fiduciary duty by the appellant Bank in the handling of the corporation's funds. This appeal is from an order of the lower court refusing the appellant Bank's motions (1) for a compulsory reference of the issues and (2) to strike several portions of the complaint.

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