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SLETTELAND v. ROBERTS

No. 99-339.

16 P.3d 1062 (2000)

2000 MT 382

James P. SLETTELAND, individually and on behalf of Billings Generation, Inc., a Montana corporation, and Billings Generation, Inc., as general partner of, and on behalf of Yellowstone Energy Limited Partnership, a Montana limited partnership, Plaintiffs and Appellants, v. R. Lee ROBERTS, Owen H. Orndorff and Billings Generation, Inc., a Montana Corporation, Defendants and Respondents. R. Lee Roberts and Owen H. Orndorff, Counter claimants, Jeffrey L. Smith, Intervening Counter claimant, v. James P. Sletteland, Counterclaim Defendant.

Supreme Court of Montana.

Decided December 28, 2000.

Rehearing Denied February 1, 2001.

Attorney(s) appearing for the Case

Ronald F. Waterman, Gough, Shanahan, Johnson & Waterman, Helena, MT; Bernard M. Althoff, Anne B. Carroll, Satterlee, Stephens, Burke & Burke, New York, NY, For Appellants.

Ward E. Taleff, Alexander, Baucus, Taleff & Paul, Great Falls, MT, For Respondents.

Justice WILLIAM E. HUNT, Sr. delivered the Opinion of the Court.

¶ 1 James Sletteland brought this derivative action against two other shareholders, R. Lee Roberts and Owen Orndorff alleging breach of fiduciary duty and self-dealing, requesting a return of excessive legal fees and a removal of Orndorff and Roberts as directors. Roberts, Orndorff and a third shareholder, Jeff Smith, counterclaimed, alleging that Sletteland brought the suit in bad faith causing...

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