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GOWIN v. GRANITE DEPOT, LLC

Record No. 052240.

634 S.E.2d 714 (2006)

Patrick J. GOWIN v. GRANITE DEPOT, LLC, et al.

Supreme Court of Virginia.

September 15, 2006.

Attorney(s) appearing for the Case

Lewis F. Powell, III, Richmond (Stephen C. Price, Brian J. Schneider, Lawrence J. McClafferty, Hunton & Williams, McCandlish & Lillard, on briefs), for appellant.

Vernon W. Johnson, III, Washington, DC (Joseph T. Prendergast, Scott A. Maule, Nixon Peabody, Prendergast & Prendergast, on brief), for appellees.

Present: All the Justices.

OPINION BY Justice ELIZABETH B. LACY.

In this appeal, Patrick J. Gowin asks that we reverse the judgment of the trial court dismissing his derivative suit based on the trial court's conclusion that, because he failed to make payments that he was obligated to make on a promissory note securing his capital contribution to Granite Depot, LLC, he had been properly terminated as a member of the company, and therefore could not...

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