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SCHMIDT v. KILLMER

No. 06-38.

201 P.3d 1121 (2009)

2009 WY 23

Gerald SCHMIDT and Claudia Melcher, Appellants (Plaintiffs), v. Karl KILLMER, Trustee in Liquidation of Triple B Limited Partnership 1998B; Macy & Associates, LLC, f/k/a Macy & McKee, LLC, a Wyoming Limited Liability Company; Triple B Limited Partnership 1998B, a Wyoming Limited Partnership; Brammer Petroleum, Inc., a Texas Corporation doing business in Wyoming; Carpenter & Sons, Inc., a Wyoming Corporation; BTS LLC, a Wyoming Limited Liability Company; Silver Petroleum Corporation, an Oklahoma Corporation doing business in Wyoming; Sun Cementing of Wyoming, Inc., a Wyoming Corporation; Kenneth D. Wagner (XS Energy, Inc.); William R. Barth, Jr., Appellees (Defendants).

Supreme Court of Wyoming.

February 23, 2009.

Attorney(s) appearing for the Case

Representing Appellants: Stuart S. Healy of Healy Law Firm, Sheridan, Wyoming.

Representing Appellees: Stephenson D. Emery of Williams, Porter, Day & Neville, P.C., Casper, Wyoming; Morris R. Massey of Brown, Drew & Massey, LLP, Casper, Wyoming. Argument by Messrs. Emery and Massey.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

VOIGT, Chief Justice.

[¶ 1] The appellants, Gerald Schmidt and Hank Melcher, were general partners in Triple B Limited Partnership 1998B (Triple B).1 The Triple B partners voted to dissolve and liquidate the partnership, and appointed appellee Karl Killmer to act as liquidating trustee to wind up the partnership's affairs. Following liquidation of the partnership and distribution of its...

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