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DYNAN v. FRITZ.

400 Mass. 230 (1987)

508 N.E.2d 1371

ROBERT G. DYNAN & others vs. EDWARD A. FRITZ, JR., & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 10, 1987.

Attorney(s) appearing for the Case

Kenneth H. Tatarian (Kenneth Ira Spigle with him) for the plaintiffs.

Gael Mahony for Edward A. Fritz, Jr.

Richard L. Neumeier (Jacqueline Y. Parker with him) for Robert F. Driscoll & another.

Joseph P. Donahue, Jr., for Hugo Bloomquist, Jr.

John S. Leonard, George A. McLaughlin, Jr., & Michael J. Keefe, for F.S. Payne Co., submitted a brief.

Present: WILKINS, LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.

WILKINS, J.

This stockholders' derivative action involves claims that the defendants, who own a majority of the outstanding stock of the defendant F.S. Payne Co. (company), unfairly manipulated stock ownership to gain control of the company and unlawfully approved the company's purchase of the stock of the defendant Fritz on terms unfair to the company. Following many days of trial, the judge made findings and rulings and

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