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PERLEY v. TAPSCAN, INC.

1930393, 1930476 and 1930477.

646 So.2d 585 (1994)

David C. PERLEY, a/k/a Dave Carlisle, for Benefit of TAPSCAN, INC. v. TAPSCAN, INC., et al. David C. PERLEY v. Cooper M. SCHLEY, Jr., a/k/a Jim Christian. David C. PERLEY v. TAPSCAN, INC., et al.

Supreme Court of Alabama.

August 12, 1994.

Attorney(s) appearing for the Case

David H. Markstein III and John N. Bolus of Maynard, Cooper & Gale, P.C., Birmingham, for David C. Perley.

Don B. Long, Jr., Ralph H. Smith II, Robert S. Vance, Jr. and R. Scott Clark of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, for Tapscan, Inc.

Lawrence B. Clark, Nancy C. Hughes and David A. Norris of Lange, Simpson, Robinson & Somerville, Birmingham, for Cooper M. Schley, Jr.

Howard P. Walthall, Birmingham (in support of appellant), amicus curiae.

HORNSBY, Chief Justice.

On October 6, 1993, David Perley filed two actions in the Jefferson Circuit Court. The first was a shareholder's derivative action against Tapscan, Inc., an Alabama corporation. The second was an action against Tapscan's majority shareholder, Cooper M. Schley, Jr., individually. Later, Perley filed motions seeking preliminary injunctions against Tapscan, which the trial court denied. These appeals are from the trial court's denial of those...

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