SECURITY CENT. PRO. SERVICES v. ALL-PRO SEC., INC.

No. 97-CA-1070.

703 So.2d 806 (1997)

SECURITY CENTER PROTECTION SERVICES, INC. v. ALL-PRO SECURITY, INC. and Louis O. Sepulveda.

Court of Appeal of Louisiana, Fourth Circuit.

November 26, 1997.


Attorney(s) appearing for the Case

Bruce S. Kingsdorf, Barrios, Kingsdorf & Casteix, L.L.P., New Orleans, for Appellant Frank Clement.

Philip K. Jones, Jr., Dena L. Olivier, Liskow & Lewis, New Orleans, for Appellee.

Before SCHOTT, C.J., and BARRY and LOBRANO, JJ.


LOBRANO, Judge.

The issue in this appeal is whether, in the absence of fraud, the payment by a corporation to a former shareholder of a promissory note given as consideration for the redemption of that shareholder's stock, and which payment renders the corporation insolvent, constitutes an illegal distribution of assets imposing liability on the former shareholder to the corporation's creditors.

The facts of this case are undisputed. Prior to February, 1986...

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