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WICK v. EISMANN

No. 18821.

838 P.2d 301 (1992)

122 Idaho 698

Gil and Miriam WICK and Northwest Speedway, Inc., Plaintiffs-Appellants, v. Samuel EISMANN, individually and in any corporate capacity, Defendant-Respondent.

Supreme Court of Idaho, Boise, March 1992 Term.

Rehearing Denied November 4, 1992.

Attorney(s) appearing for the Case

Seiniger, Nevin, Kofoed and Herzfeld, Boise, for plaintiffs-appellants. Wm. Breck Seiniger, Jr., argued.

Quane, Smith, Howard & Hull, Coeur d'Alene, for defendant-respondent. Susan K. Servick, argued.

McDEVITT, Justice.

Background and Prior Proceedings

In 1971, appellant Gil Wick retained the law firm of Miller & Eismann for the purpose of forming a corporation. Northwest Speedways, Inc. ("NSI") was incorporated on September 1, 1971, by the law firm of Miller & Eismann. There were three organizing shareholders in NSI, one of which was appellant Wick. Mr. Wick owned 33.3% of NSI. Beginning in 1972...

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