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HUTSON v. FULGHAM INDUSTRIES, INC.

No. 88-7253.

869 F.2d 1457 (1989)

James H. HUTSON, Individually and in his official capacity as Shareholder and Director of Foresco, Inc., an Alabama Corporation, in Dissolution, Plaintiff-Appellant, v. FULGHAM INDUSTRIES, INC., Defendant-Appellee, O.T. Fulgham, etc., et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

April 14, 1989.

Attorney(s) appearing for the Case

William B. Lloyd, Pate, Lewis & Lloyd, Birmingham, Ala., for plaintiff-appellant.

Michael K. Beard, Rives & Peterson, Birmingham, Ala., for defendant-appellee.

Before JOHNSON and CLARK, Circuit Judges, and VINSON, District Judge.

CLARK, Circuit Judge:

The issue in this appeal is whether a shareholder of a dissolved corporation has the right to bring contract and/or tort claims based on agreements the dissolved corporation had entered into with another corporation notwithstanding the expiration of the two-year wind-up period required under Alabama's corporate survival statute.

BACKGROUND

Appellant James H. Hutson (Hutson) was the president and 50% shareholder of Foresco, Inc...

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