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RESTAURANT OF HATTIESBURG, LLC v. HRS

No. 2010-CA-01843-COA.

84 So.3d 32 (2012)

RESTAURANT OF HATTIESBURG, LLC, Jim Schafer and Courtney Brick, Appellants, v. HOTEL & RESTAURANT SUPPLY, INC., Appellee.

Court of Appeals of Mississippi.

March 6, 2012.

Attorney(s) appearing for the Case

L. Clark Hicks Jr. , Hattiesburg, R. Lane Dossett, attorneys for appellants.

Stephen B. Jackson , attorney for appellee.

Before GRIFFIS, P.J., MAXWELL and RUSSELL, JJ.

MAXWELL, J., for the Court:

¶ 1. The question we must decide is under what circumstances a creditor may circumvent the legal fiction of limited liability and hold LLC members and/or a separate commonly owned LLC responsible for the LLC's debt. We find the three-prong test for piercing the veil of corporations, established in Gray v. Edgewater Landing, Inc., 541 So.2d 1044, 1047 (Miss.1989), is also the appropriate test...

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