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APPLE GLEN CROSSING v. TRADEMARK RETAIL

No. 02S05-0207-CV-397.

784 N.E.2d 484 (2003)

APPLE GLEN CROSSING, LLC, Apple Glen Investors, LP, Bobeck Real Estate Company, Inc. and H. Duane Bobeck, Appellants (Plaintiffs Below), v. TRADEMARK RETAIL, INC., Apple Glen Crossing, LLC, and Terry Montesi, Individually, Appellees (Defendants Below).

Supreme Court of Indiana.

March 7, 2003.

Attorney(s) appearing for the Case

Gene R. Leeuw, John M. Mead, Indianapolis, IN, Attorneys for Appellants.

Edward L. Murphy, Jr., Diane C. Bauer, Fort Wayne, IN, Attorneys for Appellees.

ON PETITION TO TRANSFER

BOEHM, Justice.

Apple Glen Crossing is a shopping center developed by a limited liability company whose minority member also served as manager of the LLC under the LLC's Operating Agreement. The LLC and its majority member attempted to remove the manager, claiming the manager breached the Operating Agreement by incurring obligations to contractors without prior approval. The trial court in this case granted the manager's request for...

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