MATHERNE v. RESPONSE INSTRUMENT SERVICE & ENGINEERING CORP.

Nos. CA 87 0912-CA 87 0915.

533 So.2d 1011 (1988)

J. Marion MATHERNE, Individually and on Behalf of Response Instrument Service & Engineering Corporation v. RESPONSE INSTRUMENT SERVICE & ENGINEERING CORPORATION, Norman C. Heffron, Mrs. Norman C. Heffron, George Ed Deprato, Richard D. Burgett, John Hoy and David Legendre J. Marion MATHERNE, etc. v. RESPONSE INSTRUMENT SERVICE & ENGINEERING CORPORATION, Norman C. Heffron, and George Ed Deprato RESPONSE INSTRUMENT SERVICE & ENGINEERING CORPORATION, d/b/a Rise, Inc. v. J. Marion MATHERNE, Rise Inc. and the Louisiana Secretary of State RESPONSE INSTRUMENT SERVICE & ENGINEERING CORPORATION, d/b/a Rise, Inc. v. J. Marion MATHERNE, Joan Matherne, Curt M. Matherne and Anne M. Matherne.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 30, 1988.

Writ Denied February 17, 1989.


Attorney(s) appearing for the Case

Kevin Patrick Monahan, Baton Rouge, for plaintiff-appellant J. Marion Matherne, Individually and on behalf of Response Instrument Service and Engineering Corp.

James P. Doré, Plaquemine, for defendant-appellee Response Instrument Service and Engineering Corp. d/b/a Rise, Inc., Norman C. Heffron, George Deprato, Mrs. Norman C. Heffron, Richard D. Burgett, John Hoy and David Legendre.

Before CARTER, LANIER and LeBLANC, JJ.


LeBLANC, Judge.

The issues raised by this appeal concern a disputed election of a board of directors of a closely held corporation.

FACTS

In May of 1966, Response Instrument Service & Engineering Corporation was incorporated by Mr. and Mrs. J. Marion Matherne and Mr. and Mrs. Norman Heffron. Mr. Matherne and Mr. Heffron were each issued forty-eight (48) percent of the shares in the corporation and their wives were issued two (2) percent each...

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