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JENKINS v. G2S CONSTRUCTORS

No. 94-091.

140 N.H. 219 (1995)

R. DARRELL JENKINS v. G2S CONSTRUCTORS, INC. AND PHILIP E. SWETT

Supreme Court of New Hampshire.

September 22, 1995.

Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Gilbert Upton on the brief, and Russell F. Hilliard orally), for the plaintiff.

Devine, Millimet & Branch, P.A., of Manchester (George R. Moore and Alexander J. Walker, Jr. on the brief, and Mr. Moore orally), for the defendants.

BROCK, C.J.

The plaintiff, R. Darrell Jenkins, appeals the Superior Court's (O'Neil, J.) grant of the defendants' motion to dismiss his claims for lack of standing to sue because he is not a stockholder of defendant G2S Constructors, Inc. (G2S). The plaintiff also challenges the underlying conclusion that he is no longer a stockholder of G2S. We reverse and remand.

The parties agree to the following facts. In 1983, defendant Philip E. Swett, a majority...

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