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HANEWALD v. BRYAN'S INC.

Civ. No. 870324.

429 N.W.2d 414 (1988)

Harold E. HANEWALD, d/b/a Hanewald & Sons, Inc.; Plaintiff and Appellant, and Hanewald & Sons, Inc., Plaintiff, v. BRYAN'S INC., a North Dakota corporation; George D. Bryan; Keith L. Bryan; and Joan Bryan, Defendants and Appellees, and Camilla Larson, Defendant.

Supreme Court of North Dakota.

September 20, 1988.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, for plaintiff and appellant; argued by Ward M. Kirby. Appearance by Timothy A. Priebe.

Zuger, Kirmis, Bolinske & Smith, Bismarck, for defendants and appellees; argued by Jerry W. Evenson.

MESCHKE, Justice.

Harold E. Hanewald appealed from that part of his judgment for $38,600 plus interest against Bryan's, Inc. which refused to impose personal liability upon Keith, Joan, and George Bryan for that insolvent corporation's debt. We reverse the ruling that Keith and Joan Bryan were not personally liable.

On July 19, 1984, Keith and Joan Bryan incorporated Bryan's, Inc. to "engage in and operate a general retail clothing, and related items, store...

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