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BERRY EX REL. DILLARD'S, INC. v. DILLARD

No. CA 10-620.

382 S.W.3d 812 (2011)

2011 Ark. App. 242

Billy K. BERRY, derivatively on behalf of DILLARD'S, INC., Appellant v. William DILLARD, II, James I. Freeman, Alex Dillard, Mike Dillard, Drue Matheny, James A. Haslam, III, Peter R. Johnson, Robert C. Connor, R. Brad Martin, Frank R. Mori, Warren A. Stephens, and Nick White and Dillard's, Inc., nominal defendant, Appellees.

Court of Appeals of Arkansas.

March 30, 2011.

Attorney(s) appearing for the Case

Alex G. Streett , James A. Streett , Russellville, James G. Stranch, III , Joe P. Leniski, Jr. , J. Gerard Stranch , Nashville, TN, for appellant.

James M. Simpson , David Duane Wilson , Little Rock, Joseph McLaughlin , New York, NY, for appellees.

DOUG MARTIN, Judge.

Billy Berry brings this appeal from the order dismissing his shareholder-derivative action against various officers and directors of Dillard's, Inc.1 In dismissing the action, the Pulaski County Circuit Court found that the complaint was defective because it failed to properly allege that Berry made a presuit demand of Dillard's board of directors or that such a demand was...

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