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AUGUSTINE v. ARIZANT INC.

No. A06-1238.

735 N.W.2d 740 (2007)

Scott D. AUGUSTINE, M.D., Respondent, v. ARIZANT INC., et al., Appellants.

Court of Appeals of Minnesota.

July 24, 2007.

Attorney(s) appearing for the Case

David R. Marshall, Emily E. Duke, Theresa M. Weber, Fredrikson Byron, P.A., Minneapolis, MN for respondent.

David B. Potter, Bret A. Puls, Adam C. Trampe, Oppenheimer Wolff Donnelly LLP, Minneapolis, MN, for appellants.

Lori Swanson, Attorney General, Michael J. Vanselow, Deputy Attorney General, St. Paul, MN, for amicus curiae State of Minnesota.

Alberto R. Gonzales, United States Attorney General, Peter D. Keisler, Assistant Attorney General, Randy G. Massey, Acting United States Attorney for the Southern District of Illinois, Douglas N. Letter, Michael E. Robinson, Appellate Staff Attorneys, Civil Division, Washington, D.C.; and Rachel K. Paulose, United States Attorney for the District of Minnesota, James E. Lackner, First Assistant United States Attorney, United States Attorney's Office, Minneapolis, MN, for amicus curiae United States Department of Justice.

Considered and decided by KALITOWSKI, Presiding Judge; TOUSSAINT, Chief Judge; and ROSS, Judge.

OPINION

TOUSSAINT, Chief Judge.

Appellant corporations were sued by respondent former chief executive officer of one of the corporations, who alleged that he was entitled both to indemnification for his criminal fine and attorney fees and to damages caused by appellants' breach of the bonus provision in the parties' separation agreement. The district court denied appellants' motions for summary judgment, and the matter proceeded to trial. The district court...

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