MINNELUSA CO. v. ANDRIKOPOULOS

No. 95SC614.

929 P.2d 1321 (1996)

The MINNELUSA COMPANY, a Florida corporation; and F.H. Gower, Jr., Petitioners, v. A.G. ANDRIKOPOULOS; George A. Seifert; and John E. Dunn and Marjorie O. Dunn, as trustees of the Dunn Trust, Respondents, and Florida Marine Construction Inc., a Florida corporation, Intervenor and Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 21, 1997.


Attorney(s) appearing for the Case

Theodore M. Smith, Denver, for Petitioners.

Baker & Hostetler, James A. Clark, Kathryn A. Elzi, Denver, for Respondents A.G. Andrikopoulos, George A. Seifert, and John E. Dunn and Marjorie O. Dunn, as Trustees of the Dunn Trust.

No appearance on behalf of Intervenor and Respondent Florida Marine Construction Inc.


Chief Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to review the court of appeals decision in Andrikopoulos v. Minnelusa Co., 911 P.2d 663 (Colo.App.1995), to determine whether a corporation may use a Florida statute, which prohibits insolvent corporations from repurchasing their own shares, to release it from obligations contained in a stock repurchase agreement. The court of appeals held that...

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