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DiMAGGIO v. ROSARIO

No. 64A03-1009-PL-500.

950 N.E.2d 1272 (2011)

Victor J. DiMAGGIO III, Appellant-Plaintiff, v. Elias ROSARIO, Liberty Lake Estates, LLC, Mark Nebel, and William C. Haak, Appellees-Defendants.

Court of Appeals of Indiana.

June 21, 2011.

Attorney(s) appearing for the Case

Kevin E. Steele, Burke Costanza & Cuppy LLP, Valparaiso, IN, Attorney for Appellant.

Michael W. Back, Crown Point, IN, Attorney for Appellees.

OPINION

KIRSCH, Judge.

Victor J. DiMaggio III ("DiMaggio") appeals the trial court's order dismissing his complaint for usurpation of a corporate opportunity against Liberty Lake Estates, LLC ("LLE"), Mark Nebel ("Nebel"), and William C. Haak ("Haak") (collectively "the Appellees") and Elias Rosario ("Rosario"). DiMaggio raises the following restated issue for our review: whether the trial court erred when it dismissed his complaint for failure to state...

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