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LONGWELL v. CBPM

No. 21585.

627 N.W.2d 396 (2001)

Timothy LONGWELL, Plaintiff and Appellant, v. CUSTOM BENEFIT PROGRAMS MIDWEST, INC., a South Dakota Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 16, 2001.

Attorney(s) appearing for the Case

Brad P. Gordon of Fuller, Tellinghuisen, Gordon & Percy, Spearfish, for plaintiff and appellant.

Thomas E. Brady, Spearfish, for defendant and appellee.

ERICKSON, Circuit Judge

[¶ 1.] This is an action brought by Timothy Longwell, a director, stockholder and employee of Custom Benefit Programs Midwest, Inc. (CBPM) for liquidation of the corporation and its assets. Philip Koehler, the remaining director, stockholder and president of CBPM, answered and filed a derivative counterclaim alleging breach of contract, usurpation of corporate opportunities and conversion of assets. The trial court allowed the derivative...

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