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DONLIN v. MURPHY

No. 67823-0-1.

300 P.3d 424 (2013)

174 Wn. App. 288

John L. DONLIN, Appellant, v. Jerry MURPHY, in his individual capacity and in his capacity as director and officer of Greenshields Industrial Supply, Inc., a Washington corporation, and Contractor Supply Corporation, a Washington corporation, Respondents, and Greenshields Industrial Supply, Inc., Respondent in an action for dissolution of the corporation.

Court of Appeals of Washington, Division 1.

April 1, 2013.

Attorney(s) appearing for the Case

Jose F. Vera , Vera & Associates PLLC, Seattle, WA, for Appellant.

Thomas Darrow Adams , Christopher D. Adams , Tayah E.h. Renfro , Adams & Duncan, Inc. P.S., Everett, WA, for Respondents.

LAU, J.

¶ 1 John Donlin appeals the trial court's dismissal of his shareholder derivative claims brought under CR 23.1 on the ground that he lacked standing to bring suit on behalf of an administratively-dissolved corporation whose assets had been sold through a receivership. Because Jerry Murphy's CR 12(b)(6) motion to dismiss was procedurally improper and because under the Washington Business Corporation Act (WBCA), title 23B RCW, shareholder standing to assert...

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