McCANN v. McCANN

No. 37547.

275 P.3d 824 (2012)

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 Term.

March 13, 2012.


Attorney(s) appearing for the Case

Schwam Law Firm, Moscow, for appellant. Andrew M. Schwam argued.

Esser & Sandberg, PLLC, Pullman, WA, Timothy H. Esser , for appellant.

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.


SUBSTITUTE OPINION

THE COURT'S PREVIOUS OPINION DATED JANUARY 10, 2012 IS HEREBY WITHDRAWN.

BURDICK, Chief 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...

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