WHITNEY BROS. CO. v. SPRAFKIN

No. 92-2293.

3 F.3d 530 (1993)

WHITNEY BROS. CO., et al., Plaintiffs, Appellees, v. David C. SPRAFKIN and Joan Barenholtz, Trustees of the Bernard M. Barenholtz Trust, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided September 9, 1993.


Attorney(s) appearing for the Case

Richard B. Couser, with whom James P. Bassett, Cordell A. Johnston, Orr and Reno, P.A., Concord, NH, and Samuel M. Sprafkin, New York City, were on brief, for appellants.

James R. Muirhead, with whom Peter D. Anderson, and McLane, Graf, Raulerson & Middleton, Professional Association, Manchester, NH, were on brief, for appellees.

Before TORRUELLA, CYR and BOUDIN, Circuit Judges.


TORRUELLA, Circuit Judge.

Plaintiffs/appellees are Whitney Brothers Company ("Whitney Brothers") and Griffin M. Stabler, Whitney Brothers' president, chief executive officer and director. Defendants/appellants, David C. Sprafkin and Joan Barenholtz, are the trustees of the Bernard M. Barenholtz Trust, Whitney Brothers' majority shareholder. Plaintiffs sued to compel defendants to sell their stock in Whitney Brothers pursuant to a written buy/sell contract.

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