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KLEINER v. KLEINER

No. 23431.

950 P.2d 1269 (1998)

130 Idaho 930

In re Julius & Emma Kleiner Foundation, Inc., an Idaho nonprofit corporation. Walter H. KLEINER, as director, officer and member of the Julius & Emma Kleiner Foundation, Inc., an Idaho non-profit corporation, Plaintiff-Counterdefendant-Appellant, v. Eugene M. KLEINER, as director, officer and member of the Julius & Emma Kleiner Foundation, Inc., an Idaho non-profit corporation, Defendant-Counter-claimant-Respondent. STATE of Idaho, ex rel. Alan G. LANCE, Attorney General, Plaintiff in Intervention-Respondent, v. Walter H. KLEINER and Eugene M. Kleiner, individually and as directors, officers and members of the Julius & Emma Kleiner Foundation, Inc., an Idaho nonprofit corporation, Defendants in Intervention.

Supreme Court of Idaho, Boise, December 1997 Term.

January 9, 1998.

Attorney(s) appearing for the Case

Stoel Rives LLP, Boise, for appellant. Thomas A. Banducci argued.

Alan G. Lance, Attorney General; Michael S. Gilmore, Deputy Attorney General, Boise, for respondent. Michael S. Gilmore argued.

JOHNSON, Justice.

This case is a charitable foundation case. We conclude that the trial court did not have jurisdiction to allow another party to intervene after dismissal of the case by the named parties.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

In 1968, Julius Kleiner (Julius), together with his sons Walter Kleiner (Walter) and Eugene Kleiner (Eugene), established the Julius and Emma Kleiner Foundation (the Idaho foundation), a tax-exempt...

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