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SUNDBERG v. ABBOTT

No. C8-87-2084.

423 N.W.2d 686 (1988)

Carol H. SUNDBERG, et al., Respondents, v. Charles M. ABBOTT, et al., Leonard F. Lampert, Appellants, David C. Donnelly, et al., Defendants, Lampert Lumber Company, Appellant.

Court of Appeals of Minnesota.

Review Denied June 29, 1988.

Attorney(s) appearing for the Case

James H. Kaster, Nichols, Kaster & Anderson, Minneapolis, for Carol Sundberg.

Merlyn C. Green, Maun, Green, Hayes, Simon, Johanneson and Brehl, St. Paul, for Charles Abbott.

Charles W. Faulkner, Faulkner & Faulkner, Minneapolis, for Leonard Lampert.

Eric J. Magnuson, Rider, Bennett, Egan & Arundel, Minneapolis, for Lampert Lumber Co.

Heard, considered and decided by HUSPENI, P.J., and FORSBERG and CRIPPEN, JJ.

OPINION

HUSPENI, Judge.

Respondents brought suit seeking damages for themselves and for the corporation in which they are minority shareholders alleging breach of fiduciary duty, fraud and corporate waste. Appellants moved for summary judgment, arguing the decision in Sundberg v. Lampert Lumber Co., 390 N.W.2d 352 (Minn.Ct.App.1986), pet. for rev. denied (Minn. Sept. 22, 1986) (Sundberg I) makes this...

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