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ALLIED READY MIX CO. v. ALLEN

No. 1997-CA-001132-MR.

994 S.W.2d 4 (1998)

ALLIED READY MIX COMPANY, INC. ex rel. GOBEL MATTINGLY, and American Equipment Company, Inc., ex rel. Gobel Mattingly, Appellants, v. Harold T. ALLEN, Tom Allen, Steve Allen, Al Schneider, Ed Merkel, Dan Sullivan, Bernie Dahlem, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court June 9, 1999.

Case Ordered Published by Supreme Court June 9, 1999.

Attorney(s) appearing for the Case

Robert V. Waterman, Louisville, for Appellants.

Philip W. Collier, T. Morgan Ward, Jr., Mark D. Fridy, Louisville, for Appellees Dan Sullivan and Ed Merkel.

Robert E. Stopher, Louisville, for Appellee Al Schneider.

Frank P. Doheny, Jr., Louisville, for Appellee Bernie Dahlem.

No Brief for Appellees Harold Allen, Tom Allen and Steve Allen.

Philip Collier, Louisville, Oral Argument for Appellees.

Before: EMBERTON, GARDNER and SCHRODER, Judges.

OPINION

GARDNER, Judge.

Gobel Mattingly (Mattingly), shareholder on behalf of Allied Ready Mix Company, Incorporated (Allied) and American Equipment Company, Incorporated (American), has appealed from an order of the Jefferson Circuit Court in this stockholder's derivative action. Mattingly maintains that the circuit court incorrectly found that the actions of litigation committees set up by the corporations were acceptable and that the court erred...

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