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TRIEWEILER v. SEARS

Nos. S-02-134, S-02-135.

689 N.W.2d 807 (2004)

268 Neb. 952

Danny J. TRIEWEILER, individually and on behalf of Varsity Investments, Inc., a Nebraska corporation, appellee, v. Don M. SEARS, appellant. Danny J. Trieweiler, individually and on behalf of Varsity Investments, Inc., a Nebraska corporation, appellee, v. David J. Campagna, appellant.

Supreme Court of Nebraska.

December 17, 2004.

Attorney(s) appearing for the Case

James B. Cavanagh, of Lieben, Whitted, Houghton, Slowiaczek & Cavanagh, P.C., L.L.O., Omaha, for appellants.

Aimee J. Haley, of Fullenkamp, Doyle & Jobeun, Omaha, and Amy Sherman Geren, of Geren Law Office, for appellee.

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

GERRARD, J.

NATURE OF CASE

Danny J. Trieweiler, the appellee, brought these corporate derivative actions in the district court on behalf of Varsity Investments, Inc., a closely held corporation, against the other two shareholders of the corporation, David J. Campagna and Don M. Sears, the appellants. Generally, Trieweiler alleged that Campagna had breached a fiduciary duty by misappropriating money from the corporation, that Sears breached a fiduciary duty...

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