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KILBURN v. YOUNG

No. A00A0255.

536 S.E.2d 769 (2000)

244 Ga. App. 743

KILBURN v. YOUNG.

Court of Appeals of Georgia.

June 30, 2000.

Attorney(s) appearing for the Case

Fellows, Johnson & LaBriola, Henry D. Fellows, Jr., Brad S. Kalter, Eric A. Kane, Atlanta, for appellant.

Long, Aldridge & Norman, Deborah Ebel, John L. Watkins, Atlanta, for appellee.

RUFFIN, Judge.

Galen Kilburn, the majority stockholder of Kilburn-Young Asset Management Corporation (KYAMC), filed a derivative action on behalf of the corporation against Robert Young, alleging among other things that Young misappropriated corporate funds for his own benefit while serving as president and chief executive officer. Young moved to dismiss the complaint on the grounds that Kilburn failed to join the corporation...

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