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ANGEL INVESTORS, LLC v. GARRITY

No. 20080111.

216 P.3d 944 (2009)

2009 UT 40

ANGEL INVESTORS, LLC, a Utah limited liability company, suing derivatively on behalf of XanGo, LLC, Plaintiffs and Appellants, v. Aaron GARRITY, Bryan Davis, Gary Hollister, Gordon Morton, Joseph Morton, and Kent Wood, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied July 27, 2009.

Attorney(s) appearing for the Case

Mary Anne Q. Wood, Richard J. Armstrong, Salt Lake City, for plaintiffs.

Mark F. James, Phillip J. Russell, Salt Lake City, for defendants.

AMENDED OPINION*

DURRANT, Associate Chief Justice:

INTRODUCTION

¶ 1 In the district court, Angel Investors, LLC, brought a derivative suit on behalf of XanGo, LLC, against Aaron Garrity, Bryan Davis, Gary Hollister, Gordon Morton, Joseph Morton, and Kent Wood, who are the managing members and majority owners of XanGo (collectively, the "Majority Owners"). Prior to initiating the derivative suit, Angel Investors...

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