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McLAUGHLIN v. SCHENK

No. 20111109.

299 P.3d 1139 (2013)

2013 UT 20

Samuel R. McLAUGHLIN and John Does 1-10, Plaintiffs and Appellant, v. Greg SCHENK; Estate of Boyd Schenk; Anna Schenk; Cookietree, Inc.; John Does 1-10, Defendants and Appellees.

Supreme Court of Utah.

April 5, 2013.

Attorney(s) appearing for the Case

Lincoln W. Hobbs , Margaret H. Olson , Salt Lake City, for appellant.

Matthew M. Durham , Justin B. Palmer , Salt Lake City, for appellees Cookietree, Inc. and Greg Schenk.

Richard D. Flint , Salt Lake City, for appellees Anna Schenk and Estate of Boyd Schenk.

Justice PARRISH, opinion of the Court.

INTRODUCTION

¶ 1 This case involves an appeal from an entry of summary judgment in a case that we remanded in 2009. In 1999, Greg Schenk purchased shares in Cookietree, Inc. (Cookietree), in violation of a 1991 Shareholder Agreement. In 2005, Cookietree's Board of Directors (Board), including Schenk, voted to waive the provisions of the 1991 Shareholder Agreement that precluded the stock purchase. Around that same...

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