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HALL v. CHURCHWELL'S, INC.

34928.

243 Ga. 852 (1979)

257 S.E.2d 272

HALL et al. v. CHURCHWELL'S, INC. et al.

Supreme Court of Georgia.

Decided June 20, 1979.

Attorney(s) appearing for the Case

Malone & Percilla, Del Percilla, Jr., Thomas W. Malone, Joseph B. Newton, W. Wheeler Bryan, Merle A. Ramos, for appellants.

Frank B. McDonald, Jr., E. Kontz Bennett, Sr., for appellees.

UNDERCOFLER, Presiding Justice.

In this case, the trial court dismissed the plaintiff shareholders' derivative1 suit on behalf of the corporation under Code Ann. § 22-615 (b): "In any such action, the complaint shall allege with particularity the efforts of the plaintiff to secure the initiation of such action by the board of directors or comparable authority, or the reasons for not making such effort." (Emphasis supplied....

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