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DRW BUILDERS, INC. v. RICHARDSON

No. 29A05-9508-CV-326.

679 N.E.2d 902 (1997)

DRW BUILDERS, INC.; Henry E. Witsken, Jr., Individually and as a Shareholder and Director of DRW Builders, Inc.; and Marilyn A. Witsken, Individually and as a Shareholder and Director of DRW Builders, Inc., Appellants-Defendants, v. Richard L. RICHARDSON, Individually and as a Shareholder of DRW Builders, Inc., Appellee-Plaintiff.

Court of Appeals of Indiana.

Rehearing Denied June 20, 1997.

Attorney(s) appearing for the Case

William W. Knowles, D. Brandon Johnston, Tracy J. Follstad, Knowles & Associates, Carmel, for Appellants-Defendants.

Steven H. Frank, Carter & Leerkamp, Indianapolis, Douglas Church, Church

Church Hittle & Antrim, Noblesville, for Appellee-Plaintiff.

OPINION

RUCKER, Judge.

In this shareholder's derivative action Henry and Marilyn Witsken (the Witskens) challenge the trial court's entry of judgment in favor of Richard L. Richardson. The Witskens raise several issues for our review which we consolidate and rephrase as follows: 1) did the trial court err in permitting Richardson to pursue a shareholder derivative action; 2) did the trial court err in entering...

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