SMART v. WOODARD

No. 15813-CA.

441 So.2d 460 (1983)

Sam L. SMART, et al., Plaintiff-Appellee, v. Homer WOODARD, et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

November 29, 1983.


Attorney(s) appearing for the Case

Campbell, Campbell & Johnson by John T. Campbell & John C. Campbell, Minden, and Gold, Little, Simon, Weems & Bruser by Herbert J. Mang, Jr., Alexandria, for plaintiff-appellee.

Hudson, Potts & Bernstein by B. Roy Liuzza, Monroe, and McKeithen, Wear & Burns by Russell Woodard, Columbia, for defendant-appellant.

Before PRICE, HALL and NORRIS, JJ.


NORRIS, Judge.

In this quo warranto, mandamus and injunction proceeding the First National Bank of Arcadia (hereinafter referred to as the "Bank"), Homer Woodard, and Herschel Kyle appeal a judgment nullifying an election of directors and officers and granting additional relief related to actions taken at the 1983 shareholders' meeting.

The pivotal issue presented in this appeal is whether a shareholder who has sold stock in a bank but in whose name it remains...

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