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LAKESIDE MALL, LTD. v. HILL

No. S-4319.

826 P.2d 1137 (1992)

LAKESIDE MALL, LTD., an Alaska limited partnership; Paul Neal III a/k/a Tony Neal, an individual; and Neal & Company Inc., an Alaska corporation, Appellants, v. Robert B. and Theresa R. HILL; Jack F. Brent; William J. Winn Family Trust; Ronald A. Hill; Kenneth D. and Mary Lou Feenstra; Evelyn W. Hopkins; Ben F. Smith, Jr., as partners of Lakeside Company, Appellees.

Supreme Court of Alaska.

March 6, 1992.

Attorney(s) appearing for the Case

David P. Gorman, Wade & DeYoung, Anchorage, for appellants.

Peter J. Maassen, Burr, Pease & Kurtz, Anchorage, for appellees.

Before: RABINOWITZ, C.J, and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

BURKE, Justice.

In this foreclosure action, the Neal defendants appeal the superior court's grant of summary judgment dismissing their third party indemnity claims against the Lakeside partners.1 The issue we address is whether Neal, previously a purported "limited partner" himself, may raise various statutory filing defects to claim that Lakeside Company was not properly formed as a limited partnership and thereby expose...

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