BARTH v. BARTH

No. 49A05-9701-CV-13.

693 N.E.2d 954 (1998)

Robert BARTH, Appellant-Plaintiff, v. Michael BARTH, Jr., and Barth Electric Co., Inc., Appellees-Defendants.

Court of Appeals of Indiana.

March 23, 1998.


Attorney(s) appearing for the Case

Charles E. Johnson, Frank M. Maley, Indianapolis, for Appellant-Plaintiff.

David C. Campbell, Nana Quay-Smith, Bingham Summers Welsh & Spilman, Indianapolis, for Appellees-Defendants.


OPINION

BARTEAU, Judge.

Robert Barth (Robert) appeals the dismissal, on remand, of his complaint against Michael Barth (Michael) and Barth Electric Company (collectively, the Corporation) for breach of fiduciary duty and fraud. He raises three issues, which we consolidate and restate as:

Whether the trial court properly dismissed a complaint by a shareholder against a closely held corporation and its majority shareholder when the shareholder alleged...

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