Larkin v. Roe

YOUNG, Circuit Judge.

Plaintiffs appeal from a directed verdict entered in favor of defendant Terry C. Frost (Frost) dismissing him in his individual capacity from the action. We affirm.

FACTS

Plaintiffs Charles A. Larkin, II, and Charles A. Larkin, III, are in the business *13of raising potatoes. The junior Larkin is presently president of Larkin Potato Company, Inc. The partnership of Cobb Creek Farms was formed in 1985. The original partners were Joseph H. Roe (Roe) and James D. Arthur (Arthur). The business of the partnership was that of growing and marketing potatoes.

In the spring of 1987, Roe…