LOWDER v. ALL STAR MILLS, INC.

No. 9020SC897.

405 S.E.2d 774 (1991)

103 N.C. App. 500

Malcolm M. LOWDER, Mark T. Lowder and Dean A. Lowder, Plaintiffs, v. ALL STAR MILLS, INC., Lowder Farms, Inc., Carolina Feed Mills, Inc., All Star Foods, Inc., All Star Hatcheries, Inc., All Star Industries, Inc., Tanglewood Farms, Inc., Consolidated Industries, Inc., Airglide Inc., and W. Horace Lowder, Defendants, and Cynthia E. Lowder Peck, Michael W. Lowder, Douglas E. Lowder, Lois L. Hudson, Individually and as Guardian Ad Litem for Steve H. Hudson, Bruce E. Hudson, Billy J. Hudson, Ellen H. Ballard, Jennell H. Ratterree, David P. Lowder, Judith R. Lowder Harrell, Emily P. Lowder, Cornelius and Myron P. Lowder, Intervening Defendants.

Court of Appeals of North Carolina.

July 16, 1991.


Attorney(s) appearing for the Case

Moore & Van Allen by Jeffrey J. Davis, James P. McLoughlin, Jr., and Frank C. Patton, III, Charlotte for plaintiffs-appellees.

W. Horace Lowder, pro se.


LEWIS, Judge.

Plaintiffs instituted this shareholder's action on 11 January 1979 against W. Horace Lowder and certain interlocking family corporations alleging that W. Horace Lowder as chief executive officer and director of the corporations violated the fiduciary duties owed to the corporations and the other shareholders. After a jury finding of misappropriation of corporate opportunity by W. Horace Lowder, permanent receivers were appointed for the corporations...

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