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DREWITZ v. MOTORWERKS, INC.

No. A04-2338.

728 N.W.2d 231 (2007)

John S. DREWITZ, Appellant, v. MOTORWERKS, INC., et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied March 15, 2007.

Attorney(s) appearing for the Case

Paul W. Chamberlain, Chamberlain Law Firm, Wayzata, MN, for Appellant John S. Drewitz.

William M. Hart, Mary M.L. O'Brien, Jeffrey M. Thompson, Erica Gutmann Strohl, Meagher & Geer, P.L.L.P., Minneapolis, MN, for Respondent Motorwerks.

David L. Hashmall, Ryan A. Olson, Felhaber Larson Fenlon & Bogt, P.A., Minneapolis, MN, and James Schutjer, Minnesota Automobile Dealers Association, West St. Paul, MN, for Amicus Curia Minnesota Automobile Dealers Association.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, RUSSELL A., Chief Justice.

In this case, which we refer to as Drewitz II, John Drewitz sued his former employer, respondent Motorwerks,1 for breach of a shareholder agreement, and also sought an order requiring that Motorwerks purchase Drewitz's shares at fair value under Minn.Stat. § 302A.751 (2006). The district court dismissed Drewitz's complaint concluding that his claims were barred by res judicata...

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