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SUTER v. MAZYCK

No. 2006-CA-000506-MR.

226 S.W.3d 837 (2007)

Willis H. SUTER and C. Carter Suter; Individually and Derivatively as Shareholders of Frantz, Inc., Appellants, v. Henry C. MAZYCK; Thomas C. Roser and Fred F. Roser, III, Appellees.

Court of Appeals of Kentucky.

As Modified July 13, 2007.

Attorney(s) appearing for the Case

Warren J. Hoffman, J. Bradford Derifield, Frost Brown Todd LLC, Lexington, KY, for appellants.

Thomas W. Miller, Elizabeth C. Woodford, Miller, Griffin & Marks, PSC, Lexington, KY, for appellees.

Before THOMPSON and WINE, JUDGES; KNOPF, Senior Judge.

OPINION

THOMPSON, Judge.

The appellants, Willis H. Suter and C. Carter Suter, individually and derivatively on behalf of Frantz, Inc., filed this action against the appellees, Henry C. Mazyck, Thomas C. Roser, and Fred F. Roser, III, alleging that the appellees breached their fiduciary duty as majority shareholders and officers and directors of Frantz, Inc. The circuit court granted summary judgment to...

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