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KUBIK v. KUBIK

No. S-03-765.

683 N.W.2d 330 (2004)

268 Neb. 337

Wayne KUBIK, individually and as a representative of Sand Creek Farms, Inc., appellant, v. Marvin KUBIK and Sharon Thompson, appellees.

Supreme Court of Nebraska.

July 9, 2004.

Attorney(s) appearing for the Case

John H. Sohl, Wahoo, and Jaron J. Bromm, Senior Certified Law Student, of Edstrom, Bromm, Lindahl, Sohl & Freeman-Caddy, for appellant.

Michael A. Nelsen, of Hillman, Forman, Nelsen, Childers & McCormack, for appellees.

HENDRY, C.J., and CONNOLLY, GERRARD, STEPHAN, and MILLER-LERMAN, JJ.

STEPHAN, J.

Wayne Kubik (Kubik) appeals from an order of the district court for Saunders County dismissing a derivative action he brought on behalf of Sand Creek Farms, Inc. (SCF), against his brother and sister who are the majority shareholders and directors of the corporation.

BACKGROUND

On December 3, 2002, Kubik commenced this derivative action on behalf of SCF against the majority shareholders and directors of SCF, Marvin Kubik and Sharon Thompson...

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