MORGAN v. ROBERTSON

No. CA 80-308.

609 S.W.2d 662 (1980)

Roland L. MORGAN, Appellant, v. Charles F. ROBERTSON, Don Robe, James F. Tall and Darlene Smith, Appellees.

Court of Appeals of Arkansas.

December 17, 1980.


Attorney(s) appearing for the Case

Ball & Mourton, Fayetteville, for appellant.

Epley, Epley & Castleberry, Ltd., Eureka Springs, for appellees.


HAYS, Judge.

This is an interlocutory appeal from an order striking the Elna M. Smith Foundation, Inc., as a party plaintiff in a derivative action under Rule 23.1 (ARCP). Appellant filed suit as an officer, director, and member, on behalf of the Foundation and its members, against other directors, alleging a multitude of acts of misfeasance and nonfeasance in violation of the By-Laws and Articles and against the interests of the Foundation, essentially intra vires...

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