NOBLE FOR DRENKER v. SHAVER

Nos. 20235, 20252, 20254, 20257.

583 N.W.2d 643 (1998)

1998 SD 102

Jo Landstrom NOBLE, individually and as guardian ad litem for her minor daughter Katheryn E. DRENKER, and Kara Dee Drenker, Plaintiffs and Appellants, v. Inez L. SHAVER, Special Administrator of the Estate of J. Milton P. Shaver, Jack Devereaux, Constance J. Drew, and Black Hills Jewelry Manufacturing Co., a South Dakota Corporation, Defendants and Appellees

Supreme Court of South Dakota.

Decided August 26, 1998.


Attorney(s) appearing for the Case

Terrence R. Quinn and Michael P. Reynolds of Quinn Eiesland, Day & Barker, Belle Fourche, Gordon W. Netzorg and J. Nicholas McKeever, Jr. of Netzorg & McKeever, Denver, CO, for plaintiffs and appellants.

James E. Moore of Woods, Fuller, Shultz & Smith, Sioux Falls and John Paul Martin of Hessian & McKasy, Minneapolis, MN, for defendant and appellee Shaver.

Michael L. Luce and Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, Sioux Falls and Richard S. Mandelson and Casandra G. Sasso of Baker & Hostetler, Denver, CO, for defendant and appellee Devereaux.

Jean M. Massa of Jensen and Massa, Winner, and Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry, Sioux Falls, for defendant and appellee Drew.

Jerry D. Johnson of Banks, Johnson, Colbath & Kerr, Rapid City, for defendant and appellee Black Hills Jewelry.


MILLER, Chief Justice.

[¶ 1.] This is the second time this case has been appealed to this Court. In this appeal, we hold that the trial court, on remand, erred in requiring Landstrom1 to file a new lawsuit to pursue her derivative claims, and in allowing the other directors of the corporation to be indemnified. We further hold that the trial court did not err in refusing to enter a judgment on Landstrom's derivative claims and in...

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