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DUKE v. GRAHAM

No. 20051036.

158 P.3d 540 (2007)

2007 UT 31

Ted DUKE, an individual, and Maria Del Carmen Zavala Cardenas, an individual, Plaintiffs and Appellants, v. Randal GRAHAM, an individual, David Graham, an individual, and Craig R. Mariger, in his capacity as purported arbitrator herein, Defendants and Appellees.

Supreme Court of Utah.

March 30, 2007.

Attorney(s) appearing for the Case

Nick J. Colessides, John Martinez, Salt Lake City, for plaintiffs.

David R. Williams, Anthony M. Grover, Salt Lake City, for defendants.

PARRISH, Justice:

INTRODUCTION

¶ 1 The principal question presented by this appeal is whether a member or manager of a limited liability company may be removed through binding arbitration. We answer the question in the affirmative. Although Utah Code sections 48-2c-710(3) and 48-2c-809(1) provide for judicial removal of members and managers of limited liability companies, the legislature did not forbid removal through other means. Additionally, even...

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