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THOMPSON v. SCHMITZ

No. 20080191.

774 N.W.2d 263 (2009)

2009 ND 183

Rodney THOMPSON and Karen Thompson, individually and derivatively on behalf of ARRK Investments, Inc. d/b/a Ultimate Rent All, Plaintiffs, Appellees, and Cross-appellants, v. Ronald E. SCHMITZ, ARRK Investments, Inc., and R.E.S. Investments, Inc., d/b/a Ultimate Transportation, Defendants, Appellants, and Cross-appellees and David T. Nameniuk, CPA, Defendant.

Supreme Court of North Dakota.

October 16, 2009.

Attorney(s) appearing for the Case

Michael Dan Nelson, West Fargo, N.D., for plaintiffs, appellees, and cross appellants.

Brad A. Sinclair, Fargo, N.D., for defendants, appellants, and cross-appellees.

MARING, Justice.

[¶ 1] Ronald E. Schmitz, ARRK Investments, Inc. ("ARRK"), and RES Investments, Inc. ("RES"), doing business as Ultimate Transportation, appeal from an amended judgment awarding Rodney Thompson and Karen Thompson damages for conversion, attorney fees, and costs and disbursements in their personal and shareholder derivative action involving ARRK. The Thompsons have cross-appealed. We conclude the district court erred in basing its decision on a...

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