Gay v. Gay's Super Markets, Inc. :: 1975 :: Mae Supreme Judicial Court Decisns :: Mae Case Law :: Mae Law :: US Law :: Jtia

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Gay v. Gay's Super Markets, Inc. - 343 A.2d 577

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GAY V. GAY'S SUPER MARKETS, INC.

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GAY. GAY'S SUPER MARKETS, INC., et al. Gay, a mory shareholr, charg the board of directors wh the e of illegal tactics lculated to drive him out of the ownership stcture of the bs anizatn.

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Gay's Super Markets, Inc., rporated unr Mae law, may be scribed as a closely held rporatn. Gay, own the remag mon stock equal shar. It nducts part of s retailg bs through Gay's Super Markets, Inc.

Gay, was print, general manager and one of three members of the board of directors of Gay's Super Markets, Inc. The only wns at trial, Carroll Gay and Jam L. Here, the pridg Jtice termed that the board of directors were prompted their actns by the fancial suatn of Gay's Super Markets, Inc.

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Carroll Gay ttified that the divind was whheld bee of the ntemplated expansn of the rporatn's facili. Carroll Gay also viewed the suatn Machias already "very petive.

" He poted out that the adoptn, by petors the area, of a new disunt merchandizg system applied add prsure on Gay's Super Markets, Inc., to improve and expand s physil plant Machias. In addn thereto, Carroll Gay's ttimony dit that November, 1972 his rporatn ma good on s plan to open a new market Calais. Gay stated that payroll and utily expens curred before the store actually opened to the public acunted for much of the loss.

Fally, Carroll Gay, rponse to a direct qutn, ttified that the termatn of Lawrence Gay's employment was not a factor cidg not to clare a divind. Moody substantially rroborated the evince given by Carroll Gay. He related that, although Gay's Super Markets, Inc.

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