Nature of the Case
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Facts
The by-laws of Radium Chemical Co. provided for a board of four directors, a majority of whom constituted a quorum. Prior to 1955, the board consisted of Gearing's (P) late husband, Kelly Sr., and Mrs. Lee. P remained a major stockholder yet Meacham, P's daughter, succeeded him to the board. In 1955, Kelly Jr. was elected to a vacancy. In 1961, Mrs. Lee resigned in the presence of the Kelleys who then elected Kelly Sr.'s son-in-law. Mrs. Meacham had intentionally refused to attend the board meeting to invalidate the quorum after Mrs. Lee's resignation and paralyze the board. P now petitions the court to set aside the election on the ground that it was not valid because a quorum was not present.
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