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O'BRIEN v. PEARSON

449 Mass. 377 (2007)

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

Supreme Judicial Court of Massachusetts, Middlesex.

June 19, 2007.

Attorney(s) appearing for the Case

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

Jeffrey S. King (William G. Potter with him) for the defendants.

Present: Marshall, C.J., Greaney, Ireland, Spina, & Cordy, JJ.

SPINA, J.

The plaintiff, Kevin O'Brien, brought this claim against John Pearson and Margaret Palm2 (defendants), his fellow shareholders in the closely held corporation Summerhill Estates, Inc., for breach of fiduciary duty. The jury concluded by special question that O'Brien was a forty-eight per cent shareholder in the corporation, and awarded him $900,000 on his breach claim. A Superior Court...

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