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BLACK v. GLASS

81-976, 81-977, 81-1004 and 81-1007.

438 So.2d 1359 (1983)

James BLACK, Jim Blan, Jesse Gilliam, Joseph Machen and Mabel Rooney, individually and as representatives of all members of the Gulf Fishing and Boating Club, Inc. v. Mrs. Russell GLASS, et al. GULF FISHING AND BOATING CLUB, INC. v. Mrs. Russell GLASS, et al. Rosemary BENDER v. GULF FISHING AND BOATING CLUB, INC. June Marie DRAGO, et al. v. GULF FISHING AND BOATING CLUB, INC.

Supreme Court of Alabama.

Rehearing Denied September 23, 1983.

Attorney(s) appearing for the Case

Robert E. Gibney of Kilborn & Gibney, Mobile, for appellants/cross appellees.

James E. Moore, George A. Tonsmeire, Jr., Vincent A. Noletto, Joseph O. Kulakowski, and John A. Courtney, Jerry A. McDowell of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellee/cross appellant Mrs. Rosemary Bender.

BEATTY, Justice.

At issue in these cross appeals is division of the proceeds from sale of the corporate assets of a dissolved private club. The trial court allocated 65% of the proceeds to the so-called active members and 35% to the inactive members. Both groups appealed. The inactive members (also referred to herein as defendants or appellees) seek a pro rata distribution of the proceeds; the active members (plaintiffs-appellants) claim

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