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KAPPA SIGMA v. KAPPA SIGMA

Record No. 022435.

587 S.E.2d 701 (2003)

266 Va. 455

KAPPA SIGMA FRATERNITY, INC. a/k/a Kappa Sigma Memorial Foundation, et al. v. KAPPA SIGMA FRATERNITY, et al.

Supreme Court of Virginia.

October 31, 2003.

Attorney(s) appearing for the Case

E. Duncan Getchell, Jr., (R. Craig Wood; Michael E. Derdeyn; Amy M. Pocklington; McGuireWoods, on briefs), Richmond, for appellants.

(Lori Vaughn Ebersohl; Jennifer K. Cannon; David J. Cynamon; Shaw Pittman, on brief), Washington, D.C., for appellees. Appellees submitting on brief.

Present: All the Justices.

OPINION BY Justice BARBARA MILANO KEENAN.

In this appeal, the primary issue is whether a statute of limitations defense is applicable to bar a claim that certain amendments to a nonstock corporation's articles of incorporation are invalid.

Kappa Sigma Fraternity (the Fraternity) is an unincorporated membership association that was founded in 1869 at the University of Virginia. At the time this case was heard in...

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