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PREMIUM INVESTMENT CORP. v. GREEN

0313

283 S.C. 464 (1984)

324 S.E.2d 72

PREMIUM INVESTMENT CORPORATION, as a corporation and as a representative of a class, Respondent, v. D.W. GREEN, Jr., H.E. McArver, L.B. Rogers, Jane R. Sellers, Dan Rogers and Jake Rogers, Defendants, of whom D.W. Green, Jr. and H.E. McArver are Appellants. Appeal of D.W. GREEN, Jr. and H.E. McArver.

Court of Appeals of South Carolina.

Decided November 8, 1984.

Attorney(s) appearing for the Case

David R. Gravely of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., Myrtle Beach, and Joseph F. Singleton of Cross, Singleton & Burroughs, Conway, for appellants.

J. Jackson Thomas of Stevens, Stevens, Thomas, Hearn & Hearn, P.A., Myrtle Beach, for respondent.

Heard Sept. 25, 1984.

Decided Nov. 8, 1984.

CURETON, Judge:

This is a class action to recover the proceeds of the settlement of an alleged prior class action. Respondent Premium Investment Corporation alleged that the appellants McArver and Green, class representative and class counsel, respectively, in the previous action, breached their fiduciary duties to notify class members of the institution and subsequent settlement of the action. The circuit...

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