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BOTTOMS v. STAPLETON

No. 04-0132.

706 N.W.2d 411 (2005)

Russell P. BOTTOMS, Jr., Appellee, v. Jack W. STAPLETON, Individually, S & S Equipment & Supply, Ltd., Paducah Gear & Machine Co., L.C., and Jack W. Stapleton, as Officer and Majority Owner of Paducah Gear & Machine Co., L.C., Appellants. Paducah Gear & Machine Co., L.C., and Jack W. Stapleton, Individually and as Officer and Majority Owner of Paducah Gear & Machine Co., L.C., Appellants, v. Russell P. Bottoms, Jr., Appellee.

Supreme Court of Iowa.

December 2, 2005.

Attorney(s) appearing for the Case

Mark E. Weinhardt and Margaret C. Callahan of Belin Lamson McCormick Zumbach Flynn, A Professional Corporation, Des Moines, for appellants.

J. Campbell Helton and Jonathan Kramer of Whitfield & Eddy, P.L.C., Des Moines, for appellee.

TERNUS, Justice.

A minority shareholder brought this action against a limited liability company and its majority shareholder seeking damages for breach of fiduciary duty and conversion, judicial dissolution of the company, an accounting, and appointment of a receiver. Upon the minority shareholder's motion to disqualify the defendants' counsel, the district court held that counsel could not represent the company, but could continue to represent the majority shareholder...

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