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McCANN v. McCANN

Docket No. 37547, 2012 Opinion No. 13.

RONALD R. McCANN, Plaintiff/Appellant/Cross-Respondent, v. WILLIAM V. McCANN, JR., and GARY E. MEISNER, individually, as a director of McCANN RANCH & LIVESTOCK COMPANY, and as a shareholder of McCANN RANCH & LIVESTOCK, INC., in his capacity of the WILLIAM V. McCANN, SR., Stock Trust, Defendants/Respondents/Cross-Appellants, and McCANN RANCH & LIVESTOCK COMPANY, INC., Nominal Defendant/Respondent/Cross-Appellant.

Supreme Court of Idaho, Moscow, September 2011.

Filed January 10, 2012.

Attorney(s) appearing for the Case

Schwam Law Firm, Pullman, WA, for appellant. Andrew M. Schwam argued.

Hawley, Troxell, Ennis & Hawley, Boise, for respondent William V. McCann , Jr.

Michael E. McNichols , Lewiston, for respondent Gary E. Meisner. Michael E. McNichols argued.

Charles F. McDevitt , Boise, for respondent McCann Ranch and Livestock Company.

BURDICK, Justice.

This case involves an ongoing dispute between Ron McCann (Ron) and his brother William McCann, Jr. (Bill) concerning the operation of McCann Ranch & Livestock Company, Inc. (Corporation), a closely-held corporation created by their father, William McCann, Sr. (William, Sr.). In 1997, William, Sr.'s shares passed to a trust set up to benefit his wife Gertrude McCann (Gertrude), with Gary Meisner (Meisner) as trustee. In 2008, Ron filed suit against...

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