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WELTZIN v. NAIL

No. 98-2114.

618 N.W.2d 293 (2000)

Roger WELTZIN, Arnold Noe, and Roland Riensche, For themselves and all other shareholders of Laporte City Cooperative Elevators, Appellants, v. Michael NAIL, James E. Johnson, Gary Wilt, Greg Wellman, Steve Vaughn, Rory Brown, Ron Bader, Marvin Brecher, John Lee, Gary Blocker, Nick Meier, Cobank, ACB, Kenneth Grant, and Laporte City Cooperative Elevators, Appellees.

Supreme Court of Iowa.

October 11, 2000.

Attorney(s) appearing for the Case

Morris L. Eckhart, Vinton, for appellants.

Kelly R. Baier and Paul D. Burns of Bradley & Riley, P.C., Cedar Rapids, for appellee Michael Nail.

Gregory M. Lederer of Simmons, Perrine, Albright & Ellwood, P.L.C., Cedar Rapids, for appellees James E. Johnson, Gary Wilt, Greg Wellman, Steve Vaughn, Rory Brown, Ron Bader, Marvin Brecher, John Lee, Gary Blocker, and Nick Meier.

John M. Wharton of Peddicord, Wharton, Thune and Spencer, P.C., Des Moines, for appellees Cobank, ACB, and Kenneth Grant.

Gregory B. Wilcox of Nyemaster, Goode, McLaughlin, Voigts, West, Hansell & O'Brien, A.P.C., Des Moines, for appellee LaPorte City Cooperative Elevators.

Considered en banc.

SNELL, Justice.

This is an interlocutory appeal from the Black Hawk County District Court. The appellant shareholders contend that their demand for a jury trial in their derivative suit was improperly stricken. We granted review and affirm the district court's ruling.

I. Background Facts and Proceedings

The plaintiffs/appellants in this case are shareholders of LaPorte City Cooperative Elevators. On behalf of the company, they brought a shareholder...

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