MAUER v. KIRCHER

No. C7-98-1004.

587 N.W.2d 512 (1998)

Jane K. MAUER, et al., petitioners, Respondents, v. Kent J. KIRCHER, Appellant.

Court of Appeals of Minnesota.

Review Granted February 18, 1999.


Attorney(s) appearing for the Case

Richard T. Ostlund, Randy G. Gullickson, Hassan Saffouri, Lindquist & Vennum, P.L.L.P., Minneapolis, MN (for respondents).

John A. Cotter, Jon S. Swierzewski, C. Erik Hawes, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, MN (for appellant).

Considered and decided by LANSING, Presiding Judge, RANDALL, Judge, and SHORT, Judge.


OPINION

SHORT, Judge.

On August 20, 1997, Kent Kircher, president of the Citizens Bank of Olivia, received requests from five of the bank's twelve stockholders to call a special stockholders' meeting. Kircher refused to call the meeting because a majority of bank stockholders did not submit requests and four of the requesting stockholders subsequently petitioned for a writ of mandamus. On appeal from the trial court's issuance of a peremptory writ of mandamus...

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