Sundberg v. Abbott

OPINION

HUSPENI, Judge.

Respondents brought suit seeking damages for themselves and for the corporation in which they are minority shareholders alleging breach of fiduciary duty, fraud and corporate waste. Appellants moved for summary judgment, arguing the decision in Sundberg v. Lampert Lumber Co., 390 N.W.2d 352 (Minn.Ct.App.1986), pet. for rev. denied (Minn. Sept. 22, 1986) (Sundberg I) makes this matter res judica-ta. The trial court denied appellants’ motion, ruling that respondents had merely misconceived their remedy in the first action and thus were not barred from bringing the present…