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· 5/26/1977

SEC. Nat. Bank v. Peters, Writer & Christensen

Citations

  • 569 P.2d 875
  • 39 Colo. App. 344

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding breach of fiduciary duty by a director constitutes constructive fraud, and, therefore, affected shareholder was entitled to dissenters' rights and to challenge the corporate action creating entitlement to dissenters' rights
  • preferred shareholders had standing to challenge actions of common shareholders which accrued exclusive benefit to common shareholders at preferred shareholders’ expense
  • failure to disclose or provide notice of meeting to shareholders and dealing at expense of preferred shareholders constituted constructive fraud as a matter of law
  • directors’ actions that benefited directors as common shareholders at the expense of the preferred shareholders constituted a breach of fiduciary duty
  • preferred shareholders may maintain personal action against directors who deny them statutory right of redemption upon adoption of liquidation plan
  • directors who negotiated transaction to benefit themselves breached their fiduciary duties

Source: CourtListener parenthetical corpus (CC0).

Judges: Berman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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