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GILBERT M. HITCHCOCK FOUND. v. KOUNTZE

No. S-04-1385.

720 N.W.2d 31 (2006)

272 Neb. 251

GILBERT M. AND MARTHA H. HITCHCOCK FOUNDATION, a Nebraska nonprofit corporation, et al., appellees, v. Denman KOUNTZE, Jr., et al., appellants.

Supreme Court of Nebraska.

August 18, 2006.

Attorney(s) appearing for the Case

David J. Lanphier, of Broom, Johnson, Clarkson & Lanphier, and David A. Domina and Michael C. Stumo, Omaha, of Domina Law, P.C., for appellants.

Edward D. Hotz and Shawna D. Peterson, of Hotz, Weaver, Flood, Breitkreutz & Grant, Omaha, for appellees.

HENDRY, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and HANNON, Judge, Retired.

GERRARD, J.

NATURE OF CASE

The appellees, members of the board of trustees (the Board) of the Gilbert M. and Martha H. Hitchcock Foundation (the Foundation), brought a derivative action on behalf of the Foundation against the appellants, also members of the Board, after a series of disagreements among the parties made management of the Foundation effectively impossible. The district court made numerous findings on issues, including the validity of Board...

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