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Winters v. First Union Corp.

N.C. Bus. Ct.July 13, 2001No. 01-CVS-5362Cited 5 times
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
motion to dismiss

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The court granted the defendant First Union Corporation's motion to dismiss the shareholders' derivative action for failure to state a claim and failure to meet statutory requirements for derivative suits, holding that plaintiffs failed to wait the requisite 90-day period and failed to adequately plead breach of fiduciary duty.

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