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JONES v. WALLACE

TC A7809-03891; CA 15953; SC 27349.

628 P.2d 388 (1981)

291 Or. 11

Douglas C. JONES and Dorothy Gaarde, Respondents, v. Vernon D. WALLACE, Jack Roberts and Everett Smith, Petitioners.

Supreme Court of Oregon.

Decided May 19, 1981.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for petitioners. With him on the brief were Miller, Anderson, Nash, Yerke & Wiener and Bruce A. Rubin, Portland.

Charles R. Markley, of Schwabe, Williamson, Wyatt, Moore & Roberts, Portland argued the cause and filed briefs for respondents.

Before DENECKE, C.J., and LENT, LINDE, PETERSON, TANZER, and CAMPBELL, JJ.

LINDE, Justice.

Under the Oregon Business Corporation Act, a shareholders' meeting requires a quorum of a majority of the voting shares unless a different quorum is provided in the articles of incorporation. ORS 57.165.1 The issue before us here is whether a 100 percent quorum requirement that is adopted as a corporate bylaw but not in the articles, as the statute provides, nevertheless may be...

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