DLH, INC. v. RUSS

No. C2-95-1218.

566 N.W.2d 60 (1997)

DLH, INC., Petitioner, Appellant, v. David A. RUSS, Mark Cohn, et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied August 5, 1997.


Attorney(s) appearing for the Case

Jerry W. Snider, Gordon B. Conn, Jr., Charles F. Webber, Faegre & Benson, L.L.P., Minneapolis, for appellant.

Mark Cohn and Damark International, Timothy D. Kelly, Wendy A. Snyder, Kelly & Berens, P.A., David A. Russ, David R. Marshall, Terri A. Georgen, Fredrikson & Byron, P.A., Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.


OPINION

ANDERSON, Justice.

This appeal arises from a dispute over title to 1.54 million shares of common stock of Damark International, Inc. (Damark). Appellant DLH, Inc. (DLH) contends that it is entitled to legal ownership of the stock because it purchased the stock from the bankruptcy estate of respondent David Russ. David Russ maintains that he did not own Damark stock when he filed for bankruptcy in 1987, and, further, that at that time Damark stock...

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