Expelled Member of Association Can’t Plead “Freeze-Out” or Retaliation
Former commander of Order of Purple Heart also loses on fiduciary duty, effort to disqualify counsel
The former commander of the Military Order of the Purple Heart has lost on all claims against the Order and various officers for what he alleged was an improper expulsion. The Court of Appeals of Mississippi has affirmed a trial court decision dismissing all claims. ( Cook v. Wallot, Ct. of App., MS, No. 2011-CA-01056-COA, 5/7/13 .) While national commander of the organization in 2007, Henry J. Cook began an investigation into the alleged mismanagement of charitable funds by the Military Order of the Purple Heart Service Foundation, which raised funds to support the operations of the Order. The allegations received national media attention and created confusion about the activities of the Order itself. Several members of the Order’s finance committee filed a grievance against Cook.
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