Legal Opinion

Szturm v. Huntington Blizzard Hockey Associates Ltd. Partnership

West Virginia Supreme Court

Decided May 17, 1999No. 25196PublishedCited by 3 opinions

1Opinion of the Court

McGRAW, Justice:

This case concerns whether an individual who is both a limited partner and management employee of a limited partnership is, by virtue of such status, presumptively prohibited from asserting a priority claim for wages upon dissolution of the partnership. Because the Revised Uniform Limited Partnership Act (“RULPA”), W. Va.Code §§ 47-9-1 to - 63, expressly permits a partner of a limited partnership to transact business with the partnership and enjoy the same rights as a person who is not a partner, W. Va.Code § 47-9-7 (1981), we conclude that, as a general rule, a limited…

2Cases cited10 opinions

  1. State v. ElderWest Virginia Supreme Court · 1968
  2. Burgess v. PorterfieldWest Virginia Supreme Court · 1996
  3. State v. HonakerWest Virginia Supreme Court · 1994
  4. Thornton v. CAMC, ETC.West Virginia Supreme Court · 1983
  5. Farley v. Zapata Coal Corp.West Virginia Supreme Court · 1981

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3Cited by3 opinions

  1. Shaffer v. FT. Henry Surgical Associates, Inc.West Virginia Supreme Court · 2004
  2. State v. SnodgrassWest Virginia Supreme Court · 2000
  3. Fairmont Tool, Inc. v. Adam J. Davis, Individually and on Behalf of Others Similarly SituatedWest Virginia Supreme Court · 2021

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