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BRENNER v. POWERS

No. 86A03-89120CV-574.

584 N.E.2d 569 (1992)

Howard B. BRENNER, M.D., Individually and On Behalf of Similarly Situated Minority Members of the Munster Medical Research Foundation, Inc., and As Relator, and Edward M. Alt, M.D., Individually and As Relator, Appellants-Plaintiffs, v. Donald S. POWERS, George E. Watson, Munster Medical Foundation, Inc., Community Foundation, Inc., Memorial Recreation and Education Foundation, Inc., Palmer C. Singleton, Jr., William J. Fitzpatrick, and John Mybeck, Appellees-Defendants.

Court of Appeals of Indiana, Third District.

Rehearing Denied April 21, 1992.

Attorney(s) appearing for the Case

Saul I. Ruman, David W. Holub and David M. Hamacher, Hammond, for appellants-plaintiffs.

James A. Holcomb, Robert F. Peters and Karen L. Hughes, Lucas, Holcomb & Medrea, Merrillville, for appellees-defendants.

GARRARD, Judge.

I. Facts and Procedural History

The plaintiffs, Howard Brenner, suing individually and on behalf of similarly situated minority members of the Munster Medical Research Foundation, Inc., and Edward Alt, commenced this action to challenge their exclusion from the voting membership of Munster Medical Research Foundation, Inc. (MMRF) and to challenge the validity of the expenditure or gift of corporate funds for various purposes. The trial...

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