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J & J CELCOM v. AT & T WIRELESS SERVICES INC.

No. 79884-2.

169 P.3d 823 (2007)

Certification from the United States Court of Appeals for the Ninth Circuit in J & J CELCOM et al., Plaintiffs-Appellants, v. AT & T WIRELESS SERVICES INC., Defendants-Appellees.

Supreme Court of Washington, En Banc.

Decided October 25, 2007.

Attorney(s) appearing for the Case

Thomas William Hayton, Robert G. Nylander Jr., Philip Edgerton Cutler, Cutler Nylander & Hayton PS, Kerissa M. Freeberg-Finne, Attorney at Law, Seattle, WA, John J. Oitzinger, Helena, MT, for Appellants.

Rima Jamil Alaily, Leonard J. Feldman, Brendan T. Mangan, Heller Ehrman LLP, Seattle, WA, for Appellees.

C. JOHNSON, J.

¶ 1 This case involves a certified question from the United States Court of Appeals for the Ninth Circuit. We are asked to determine whether, under the Revised Uniform Partnership Act, a controlling partner violates the duty of loyalty where the controlling partner causes the partnership to sell its assets to an affiliated party. We answer the certified question in the negative.

FACTS AND PROCEDURAL HISTORY

¶ 2 While certain...

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