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STATE BY PIEROTTI EX REL. BOONE v. SUNDQUIST

No. 02S01-9311-CV-00072.

884 S.W.2d 438 (1994)

STATE of Tennessee By and Through John W. PIEROTTI, District Attorney General, ex rel. Col. Lewis P. BOONE, Jr., USAF (Ret.), Otis N. Fussell, and Edgar Johnson, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, and Psalms, Inc., Involuntary Plaintiff, v. Don SUNDQUIST, Jon Simpson, Fred Grogan, Howard Oakley, Berry Terry, William Morris, III, Martha Sundquist, Mack Browder, and William H. Martin, Defendants-Appellants.

Supreme Court of Tennessee, at Jackson.

Petition to Rehear Denied October 3, 1994.

Attorney(s) appearing for the Case

Frank J. Glanker, Jr., C. Barry Ward, Paul R. Lawler, Glankler Brown, Memphis, for plaintiffs-appellees.

Leo Bearman, Jr., Elizabeth E. Chance, Heiskell, Donelson, Bearman, Adams, Williams & Caldwell, Memphis, for defendants-appellants.

OPINION

REID, Chief Justice.

This case presents an appeal by the defendants-appellants, current and former members of the board of directors of Psalms, Inc. ("Psalms"), from the decision of the Court of Appeals that a quo warranto action may be maintained against them pursuant to T.C.A. § 29-35-102. The judgment of the Court of Appeals is affirmed.

Psalms is a corporation chartered by the State of Tennessee in 1981 for the purpose...

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