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Business Organizations Keyed to Macey
In re Kemp & Beatley, Inc.
Citation:473 N.E.2d 1173 (1984)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The business concern of Kemp & Beatley designs and manufactures table linens and sundry tabletop items. The company’s stock consists of 1,500 shares held by eight shareholders. Petitioner Dissin had been employed by the company for 42 years. Petitioner Gardstein had been involved in various aspects of the business for 35 years. Unhappiness surrounded petitioners’ leaving the employ of the company. Gardstein and Dissin, together holding 20.33% of the company’s outstanding stock, commenced this suit, seeking dissolution of Kemp & Beatley. They alleged fraudulent and oppressive conduct by the company’s board of directors such as to render petitioners’ stock a virtually worthless asset.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
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