AVRITT v. O'DANIEL


689 S.W.2d 36 (1985)

James L. AVRITT, Executor under the Will of Maxie Avritt, Deceased, Appellant, v. H.E. O'DANIEL, Kobert Thompson, G.L. Thompson and New Farmers Tobacco Warehouse, Inc., Appellees. H.E. O'DANIEL, Kobert Thompson, G.L. Thompson and New Farmers Tobacco Warehouse, Inc., Cross-Appellants, v. James L. AVRITT, Executor under the Will of Maxie Avritt, Deceased, Cross-Appellees.

Court of Appeals of Kentucky.

May 3, 1985.


Attorney(s) appearing for the Case

Robert Spragens, Jr., Lebanon, for appellant.

H. Edward O'Daniel, Jr., Springfield, for appellees.

Before COMBS, DUNN and MILLER, JJ.


COMBS, Judge.

This is an appeal and cross-appeal from the "summary judgment" of the Marion Circuit Court interpreting and enforcing a corporate by-law restriction on the transfer of shares.

As a preliminary matter, we note that this is not an appeal from a summary judgment but an appeal from a trial and decision by the court, since the lower court made findings of fact and conclusions of law. Therefore, our review...

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