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MUELLER v. CEDAR SHORE RESORT, INC.

Nos. 21852, 21866.

643 N.W.2d 56 (2002)

2002 SD 38

Paul A. MUELLER and Mary Pat Mueller, Individually, and Paul A. Mueller and Mary Pat Mueller, by and on behalf of Cedar Shore Resort, Inc., Cedar Shore Development, Inc., and Al's Oasis, Inc., Plaintiffs and Appellants, v. CEDAR SHORE RESORT, INC.; Cedar Shore Development, Inc.; Edward G. Geddes, Individually and in his capacity as director of Cedar Shore Resort, Inc., Cedar Shore Development, Inc., DeETTE GEDDES, Individually and in her capacity as director of Cedar Shore Resort, Inc., Cedar Shore Development, Inc. and officer of Al's Oasis, Inc., Steven B. Mueller, Individually and in his capacity as director of Cedar Shore Resort, Inc., Cedar Shore Development, Inc., and officer of Al's Oasis, Inc.; Mark J. Mueller, Individually and in his capacity as officer of Al's Oasis, Inc.; Gopal Vyas, Individually and in his capacity as director of Cedar Shore Resort, Inc.; Steve Hansman, Individually and in his capacity as director of Cedar Shore Resort, Inc.; Marlene Billars, Individually and in her capacity as director of Cedar Shore Resort, Inc.; Darrel Viereck, Individually and in his capacity as director of Cedar Shore Resort, Inc.; AL's Oasis, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 20, 2002.

Attorney(s) appearing for the Case

Michael P. Reynolds of Barker, Wilson, Reynolds & Burke, Rapid City, South Dakota, Attorneys for appellants.

Thomas J. Welk, Jeffrey C. Clapper of Boyce, Murphy, McDowell, Sioux Falls, South Dakota, Attorneys for appellees, E. Geddes, D. Geddes, S. Mueller, M. Mueller, G. Vyas, S. Hansman, M. Billars, Cedar Shore Development, Inc.

Clair R. Gerry of Stuart, Gerry & Schlimgen, Sioux Falls, South Dakota, Attorneys for appellee Cedar Shore Resort, Inc.

John S. Theeler of Morgan, Theeler, Wheeler, Cogley & Petersen, Mitchell, South Dakota, Attorneys for appellee AL'S Oasis, Inc.

GILBERTSON, Chief Justice.

[¶ 1.] Paul A. and Mary Pat Mueller brought this action against Al's Oasis, Cedar Shore Resort, Inc. (CSR), and individually named directors and shareholders of the two companies. Plaintiffs appeal the trial court's grant of Defendants' motions for summary judgment on the issues of (1) minority shareholder oppression; (2) breach of fiduciary duty; (3) tortious interference with a business relationship or expectancy; (4) pro rata contribution...

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