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HERNING v. EASON

No. S-1733.

739 P.2d 167 (1987)

Harold HERNING, Ron Oltoff, Rex Jones, Ed Gustafson and Tom Flynn, Appellants, v. Robert F. EASON and First Baptist Church of Fairbanks, Appellees.

Supreme Court of Alaska.

July 2, 1987.

Attorney(s) appearing for the Case

Scott L. Taylor, Hoppner & Paskvan, Fairbanks, for appellants.

Ralph R. Beistline and Ann Stoloff Brown, Hughes, Thorsness, Gantz, Powell & Brundin, Fairbanks, for appellees.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

COMPTON, Justice.

This appeal presents two issues. The first is whether the members of a nonprofit corporation have the right to vote by proxy when proxy voting was not authorized by statute when the corporation was organized. The second is whether requiring an incorporated church to recognize proxy votes violates the free exercise clause. We conclude that the members have the statutory right to vote by proxy and that the church failed to present...

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