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BISMARCK FINANCIAL GROUP, LLC v. CALDWELL

No. 20200005.

950 N.W.2d 155 (2020)

2020 ND 207

BISMARCK FINANCIAL GROUP, LLC; Gary Berube, in his capacity as a Member of Bismarck Financial Group, LLC; Doug Buehler, in his capacity as a Member of Bismarck Financial Group, LLC; Bob Johnson, in his capacity as a Member of Bismarck Financial Group, LLC; Matt Puetz, in his capacity as a Member of Bismarck Financial Group, LLC; and Larry Souther, in his capacity as a member of Bismarck Financial Group, LLC, Plaintiffs and Appellants v. James "Jay" CALDWELL, Defendant and Appellee.

Supreme Court of North Dakota.

Filed October 21, 2020.

Attorney(s) appearing for the Case

Randall J. Bakke (argued), Shawn A. Grinolds (on brief), Bradley N. Wiederholt (on brief), Bismarck, ND, for plaintiffs and appellants.

Cory D. Olson (argued) and Philip J. Kaplan (on brief), Minneapolis, MN, for defendant and appellee.

[¶1] Bismarck Financial Group, LLC, and its individual members (together "BFG") appeal from an order granting James Caldwell's Rule 12(b)(6) motion to dismiss their complaint. The district court assumed for purposes of the motion that Caldwell wrongfully dissociated from the company, but the court dismissed the complaint concluding...

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