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McCANN v. McCANN

No. 27229.

61 P.3d 585 (2002)

138 Idaho 228

Ronald R. McCANN, individually and as a shareholder of McCann Ranch & Livestock Co., Plaintiff-Appellant, v. William V. McCANN, Jr., as an officer, director and shareholder of McCann Ranch & Livestock Co., Gary E. Meisner, as a director and shareholder of McCann Ranch & Livestock Co., and McCann Ranch & Livestock Co., an Idaho corporation, Defendants-Respondents.

Supreme Court of Idaho, Lewiston, October 2002 Term.

December 31, 2002.

Attorney(s) appearing for the Case

Winston & Cashatt, Coeur d'Alene, ID./Spokane, WA., for appellant. Maris Baltins argued.

Hawley, Troxell, Ennis & Hawley, Boise, for respondent McCann. Merlyn W. Clark appeared.

Clements, Brown & McNichols, Lewiston, for respondent Meisner. Michael E. McNichols argued.

McDevitt & Miller, Boise, for respondent McCann Ranch & Livestock Corp. Charles F. McDevitt appeared.

WALTERS, Justice.

This is an appeal from the dismissal of a shareholder's action. Ronald McCann ("Ron") brought the action, both individually and derivatively, naming as defendants his brother, William McCann, Jr. ("Bill"), who is a director and shareholder of McCann Ranch & Livestock Co. ("the corporation"), Gary Meisner, who is a director and the trustee for William McCann, Sr.'s trust, and the corporation. The district court dismissed the action because of...

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