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TAMPA WHOLESALE CO. v. GRECO

No. 82-239.

418 So.2d 1141 (1982)

TAMPA WHOLESALE COMPANY, a Florida Corporation, Americo M. Greco, a/K/a Mac Greco, Sr., Frank V. Giunta, Grace Giunta, Mac A. Greco, Jr., Larry Dickson, Wilbur Hall, First National Bank of Florida, Annie B. Greco, Nancy G. Dickson, Rena Janet Hall, Josephine Greco, Susan Edlan Giunta, Karen Elizabeth Giunta, Edward Franklin Giunta, Edward F. Giunta, II, and Eugene S. Greco, Appellants, v. John GRECO, Linda Jo Greco, Mary Josephine Castro, Jo Ann Greco, and Cynthia Marie Greco, As Stockholders of Tampa Wholesale Company, and for and On Behalf of Tampa Wholesale Company, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 10, 1982.

Attorney(s) appearing for the Case

Donald A. Maney of Maney & Damsker, Tampa, for appellants.

Paul Antinori, Jr. of Antinori & Thury, P.A., Michael L. Kinney, and Frank Ragano, Tampa, for appellees.

CAMPBELL, Judge.

This appeal was taken by appellants following the entry of an amended nonfinal order granting appellees' motion to receive dividends without waiving their rights in a separate dissenters' suit. The dissenters' suit grew out of the dissent by appellees, shareholders in Tampa Wholesale Company, to an agreement wherein Lucky Stores, Inc. had agreed to acquire substantially all of the assets of Tampa Wholesale. Appellees' dissent had been rejected by...

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