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MUCCIO v. HUNT

No. CV-11-1273.

2014 Ark. 35

TOM MUCCIO; MIKE MUCCIO; AND NEXT CHAPTER RESOURCES, LLC, APPELLANTS, v. JOHNELLE HUNT; PHIL PHILLIPS; MIKE LAX; TOMMY VAUGHAN; WALTER SMILEY; MICHAEL JOHNSON; AMY SORRELL; DAVID SCHUMACHER; TREY TRUMBO; J.B. HUNT, LLC; JOHNELLE HUNT, LLC; PHIL AND JUDY PHILLIPS FAMILY LIMITED PARTNERSHIP, LLLP; TCH INVESTMENTS, LLC; BIG HORN LODGE FINANCING, LLC; BIOBASED HOLDINGS, LLC; SMILEY INVESTMENT COMPANY; LAX, VAUGHAN, FORTSON, MCKENZIE & ROWE, P.A.; HOMESTEAD HOMES, LLC; AND NEXT GENERATION HOLDINGS, LLC, APPELLEES.

Supreme Court of Arkansas.

Opinion Delivered January 30, 2014.

Attorney(s) appearing for the Case

Knight Law Firm, PLC, by: K. Vaughn Knight and Mason J. Wann ; Derrick Davidson, P.A., by: Derrick Davidson ; and Johanson & Fairless, L.L.P., by: Mike Johanson , for appellants.

Barber, McCaskill, Jones & Hale, P.A., by: Robert L. Henry, III , and R. Kenny McCulloch ; Davis, Clark, Butt, Carithers & Taylor, PLC, by: Constance G. Clark , William Jackson Butt, II , and Joshua D. McFadden ; Shemin Law Firm, by: Kennerth R. Shemin ; and Cullen & Co., PLLC, by: Tim J. Cullen , for appellees.

JOSEPHINE LINKER HART, Associate Justice.

Following the bankruptcy of BioBased Technologies, LLC, members of this bankrupt limited liability corporation, Tom Muccio, Mike Muccio, and Next Chapter Resources, LLC, brought a cause of action against other members, the lawyers of members, and the managers of the corporation. These claims included fraud, breach of duty to disclose company information, conversion of membership interest, civil conspiracy, and breach of contract...

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