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JOHN A. SHEPPARD MEMORIAL v. FANNING

No. 19-0450.

836 S.E.2d 426 (2019)

The JOHN A. SHEPPARD MEMORIAL ECOLOGICAL RESERVATION, INC., Defendant below, Petitioner v. Michael FANNING and Michael Sager, Plaintiffs below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 19, 2019.

Attorney(s) appearing for the Case

Ryan McCune Donovan, Esq. , J. Zak Ritchie, Esq. , Michael B. Hissam, Esq. , Hissam Forman Donovan Ritchie PLLC, Charleston, West Virginia, Counsel for the Petitioner.

Kurt Entsminger, Esq. , Phillip Estep, Esq. , Estep Entsminger Law Group PLLC, Charleston, West Virginia, Counsel for the Respondents.

West Virginia Code § 31E-3-304(b)(2) (2002) permits a member of a nonprofit corporation's board of directors to file an "ultra vires" derivative suit against another member of the board of directors to challenge the validity of an action by the corporation. A federal district court has certified a question to this Court...

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