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O'BRIEN v. PEARSON

No. 05-P-413.

67 Mass. App. Ct. 29 (2006)

KEVIN O'BRIEN v. JOHN H. PEARSON, JR., & another.

Appeals Court of Massachusetts, Middlesex.

August 3, 2006.

Attorney(s) appearing for the Case

Jeffrey S. King (Wendy A. Berliner with him) for the defendants.

Edward Notis-McConarty (Joseph L. Bierwirth, Jr. with him) for the plaintiff.

Present: GREENBERG, COWIN, & MILLS, JJ.

COWIN, J.

The plaintiff, Kevin O'Brien, owner of forty-eight percent of the stock of Summer Hill Estates, Inc., a closely held corporation (Summer Hill or the corporation), brought this action for breach of fiduciary duty2 against the defendants, John H. Pearson, Jr. and Margaret Palm,3 owners of the remaining stock (twenty-six percent each). A judge of the...

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