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Donna, Appellant, v. Abbotts Dairies, Incorporated.

Corporations — Foreign corporations — Inspection of books by shareholders — Corporation's offer to permit inspection of specified records — Business Corporation Law.

In this action of mandamus by minority shareholders who own less than 2% of the defendant foreign corporation's stock to compel it to produce for inspection 16 different categories of books and records, in which the complaint showed that the corporation had offered for inspection all of the books and records required by the Business Corporation Law of 1933, P. L. 364, § 308B, and had further offered that if on examination such books and records did not serve plaintiffs' purpose, the corporation would then consider a request for any additional inspection; and it appeared that without availing themselves of such offers, plaintiffs instituted this action in mandamus, in which preliminary objections were filed, it was Held that the court below had properly dismissed the action.

OPINION PER CURIAM, May 23, 1960:

The order of the court below dismissing the plaintiffs' complaint in mandamus is affirmed on the opinion of Judge GRIFFITHS, reported in 20 Pa. D. C.2d 463.

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DONNA v. ABBOTTS DAIRIES, INC
(May 23, 1960)