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CRUTCHER v. TUFTS

No. 2004-CA-0653.

898 So.2d 529 (2005)

Albert B. CRUTCHER, Mary Lee Tullis Crutcher, Frederick J. Tufts, James Reiss, and Allison McAshan, Trustee of the 241 Trust v. J. David TUFTS, III, Claudia Liberto Tufts, Robert G. Tufts, Ruth G. Tufts, Charles Phillips, J. David Tufts, III, in his capacity as Trustee of the JDT/RGT Family Trust, and Hal Simeon, et al.

Court of Appeal of Louisiana, Fourth Circuit.

February 16, 2005.

Attorney(s) appearing for the Case

Thomas M. Flanagan, Jennifer L. Thornton, Stanley, Flanagan & Reuter, L.L.C., New Orleans, and Leopold Z. Sher, James M. Garner, Timothy B. Francis, Sharonda R. Williams, Sher, Garner, Cahill, Richter, Klein, McAlister & Hilbert, L.L.C., New Orleans, LA, for Plaintiffs/Appellees.

Walter C. Thompson, Jr., Jan K. Frankowski, Barkley & Thompson, L.C., New Orleans, LA, for Defendants/Appellants.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge James F. McKAY, III, Judge, DENNIS R. BAGNERIS, SR.).

PATRICIA RIVET MURRAY, Judge.

This is a quo warranto action. It involves a dispute between the minority and majority shareholders of Crutcher-Tufts Resources, Inc. ("CTR"), a Delaware corporation. The dispute is whether the majority shareholders, using a written consent resolution, could lawfully remove and replace two of CTR's six directors. Finding they could not, the trial court rendered judgment in favor of the...

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