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CRON v. TANNER

No. 38,212

171 Kan. 57 (1951)

229 P.2d 1008

F.H. CRON, Appellee, v. J. EARL TANNER, M.A. TANNER, C.N. McCARTER, and C.C. ZIMMERMAN as directors of the Walnut Valley State Bank, El Dorado, Kansas, a Kansas corporation; J. Earl Tanner as President, C.N. McCarter as Vice-President and C.C. Zimmerman as Secretary of the Walnut Valley State Bank, El Dorado, Kansas, a Kansas corporation, and THE WALNUT VALLEY STATE BANK, El Dorado, Kansas, a Kansas corporation, Appellants.

Supreme Court of Kansas.

Opinion filed April 7, 1951.

Attorney(s) appearing for the Case

K.M. Geddes, and George J. Benson, both of El Dorado, argued the cause, and George S. Benson, and Page W. Benson, both of El Dorado, were with him on the briefs for the appellants.

Gale Moss, of El Dorado, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

Appellee, owner of 43 1/2% of the common capital stock of defendant bank, brought this action in mandamus against the officers and directors thereof to compel them (1) to retire $10,000 of the outstanding preferred stock in said bank; (2) to vote to pay a dividend of not less than 15% on all outstanding common stock; and (3) to compel defendant president and manager of said bank to pay to the bank $1,200...

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