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JONES v. WALLACE

No. A7908-03891; CA 15953.

616 P.2d 575 (1980)

48 Or.App. 213

Douglas C. JONES and Dorothy Gaarde, Appellants, v. Vernon D. WALLACE, Jack Roberts and Everett Smith, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted In Banc September 4, 1980.

Decided September 10, 1980.

Attorney(s) appearing for the Case

Charles R. Markley, Portland, argued the cause for appellants. With him on the briefs was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

James N. Westwood, Portland, argued the cause for respondents. With him on the briefs were Bruce A. Rubin and Miller, Anderson, Nash, Yerke & Wiener, Portland.

SCHWAB, Chief Judge.

This is a dispute between the two minority stockholders, plaintiffs, and the majority stockholder, defendant Wallace of Capital Credit & Collection Service, Inc. Plaintiffs seek a declaratory judgment there was continue to be directors of the corporation on the ground that there was not a valid quorum at the stockholders' meeting that purported to remove them.1 The trial court granted summary judgment for defendants...

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