Brown v. Child

Plaintiffs, Errol and Mary Brown, appeal from a summary judgment of dismissal in their action for damages which alleges defendants conspired by unlawful means to oust Errol Brown from control of Brown & Kelly, Inc., a potato processing concern.

In order to avoid defendants’ motion for summary judgment, plaintiffs’ theory of the case required, among other things, a showing that there existed an issue of fact pertaining to the unlawfulness of defendants’ actions—more specifically, the unlawfulness of defendants’ actions in (1) securing a stock option from the estate of Percy Kelly in violation…