KENNEDY v. TITCOMB

No. 87-366.

131 N.H. 399 (1989)

PHILIP J. KENNEDY v. DAVID R. TITCOMB

Supreme Court of New Hampshire.

February 6, 1989.


Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green P.A., of Manchester (James E. Higgins and John A. Rachel on the brief, and Mr. Rachel orally), for the plaintiff.

Cleveland, Waters and Bass P.A., of Concord (Craig L. Staples and David W. Rayment on the brief, and Mr. Staples orally), for the defendant.


JOHNSON, J.

The plaintiff in this action alleged, in a four-count writ, that the defendant, the majority shareholder in a corporation known as Flags I, Inc., had refused to purchase the plaintiff's shares at the same price he had paid to other shareholders, while acquiring majority control of the corporation. The Trial Court (Murphy, J.) dismissed the plaintiff's writ, sua sponte and without prejudice, for failure to state a claim upon which relief can...

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