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ELLZEY v. FYR-PRUF, INC.

No. 51289.

376 So.2d 1328 (1979)

Ben ELLZEY, George E. Bass and J. L. Johnson, Complainants/Appellants, v. FYR-PRUF, INC., et al., Defendants/Appellees.

Supreme Court of Mississippi.

Rehearing Denied December 12, 1979.

Attorney(s) appearing for the Case

Corr, Carlson & Fleming, George C. Carlson, Jr., Sardis, Freeland & Gafford, T.H. Freeland, III, Oxford, E. Clifton Hodge, Jr., University, for complainants-appellants.

McClure, May & Mitchell, Cinclair May, Sardis, for defendants-appellees.

Before PATTERSON, C.J., and SUGG and WALKER, JJ.

PATTERSON, Chief Justice, for the Court:

In the Chancery Court of the Second Judicial District of Panola County Ben Ellzey, George E. Bass, and J.L. Johnson filed what became, following amendment, a stockholders' derivative action alleging that Marlyn Yarborough, John P. Fox, James B. Lollar, and Sterling Allen, all officers and directors of Fyr-Pruf, Inc., a Mississippi corporation, had usurped business opportunities belonging to Fyr-Pruf. The court placed the burden...

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