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H.R. 10 PROFIT SHARING PLAN v. MAYEUX

No. 2003 CA 0691.

893 So.2d 887 (2004)

H.R. 10 PROFIT SHARING PLAN Account No. 2656-3314, Individually, and on Behalf of All Other Common Stock Shareholders of Ethyl Corporation v. James MAYEUX, Barbara Richard Mayeux, and Ethyl Corporation.

Court of Appeal of Louisiana, First Circuit.

Opinion Granting Rehearing March 2, 2005.

Attorney(s) appearing for the Case

Patrick W. Pendley, Plaquemine, Counsel for Plaintiffs/Appellants H.R. Profit Sharing Plan Account No. 2656-3314 and Robert H. Wesson.

William C. Shockey, Baton Rouge, Charles L. Stern, Jr., New Orleans, Counsel for Defendants/Appellees James Mayeux and Barbara Richard Mayeux.

David Bienvenu, Jr., John R. Tharp, Baton Rouge, Barry Marionneaux, Plaquemine, Counsel for Defendant/Appellee Ethyl Corporation.

Before: GUIDRY, GAIDRY, and McCLENDON, JJ.

GUIDRY, J.

In this shareholder derivative action, plaintiffs, Robert H. Wesson and H.R. 10 Profit Sharing Plan Account No. 2656-3314, individually and on behalf of all other common stock shareholders of Ethyl Corporation, appeal judgments of the trial court sustaining James and Barbara Mayeux's peremptory exception raising the objection of no cause of action and granting Ethyl Corporation's motion to dismiss the action.1 For the reasons...

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