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Corporations Keyed to Hamilton
Matter of Auer v. Dressel
Facts
Petitioners submitted a written request for a special meeting of class A stockholders to R. Hoe’s & Co., Inc.’s President, as permitted under the company’s bylaws. After the President failed to call a special meeting, Petitioners brought this present proceeding to compel it. The President claims that he failed to call a class A stockholder’s special meeting because the demand for the meeting was made by more than class A stockholders and none of the purposes given by Petitioners were proper grounds to call such a meeting. Petitioner’s primary purpose was to endorse and reinstate the former President, to hear charges against four of the class A directors, to remove them if the charges were proven, and to amend the by-laws so that the successor directors be elected by the class A stockholders and to require and that an effective quorum of directors be made up of no fewer than half of the directors in office and no fewer than one third of the whole authorized number of directors. The trial court granted the mandamus to compel the special meeting for the purposes stated above. This appeal followed.
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