Vogue Business
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Plaintiff was a minority shareholder in 5 Church, Inc. (“Company”), which owned and operated a restaurant in Charlotte, NC. Defendant MAP was the bulk shareholder and managing member of the Company. Defendant opened two extra restaurants by itself and without any use of the Company’s property. However, Defendant didn’t supply Plaintiff an opportunity to put money into both new restaurant. Plaintiff filed suit, contending MAP’s failure to provide Plaintiff a possibility to invest in the new businesses breached the fiduciary obligation MAP owed to Plaintiff as a minority shareholder and thus constituted constructive fraud. MAP moved to dismiss, contending Plaintiff did not …