Estate of James R. Tobias, Deceased, V. Pauline Tobias, Executrix, and Verna P. Tobias, Surviving Spouse - Page 5




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             business or receive a distribution of any kind from the                  
             business.  James continued to operate the animal farm                    
             business at least through December 31, 1993.                             
                  Following James' actions, on October 21, 1986, Darwin               
             sued James in the Court of Common Pleas for Dauphin County,              
             Pennsylvania (hereinafter State court), alleging that the                
             business was an equally owned partnership.  Darwin sought                
             dissolution of the partnership and an accounting.  See                   
             Tobias v. Tobias, No. 4583 (Ct. C.P. Dauphin County, Pa.                 
             July 7, 1992).  On July 7, 1992, the State court issued                  
             its opinion holding that the animal farm business was a                  
             partnership under Pennsylvania State law (hereinafter the                
             1992 State court opinion).  The State court found that                   
             Darwin had been "wrongfully excluded from the business"                  
             and was entitled to dissolution of the partnership and                   
             an accounting.  In considering the question whether the                  
             partnership was an equal partnership, the State court                    
             found that James' contributions to the partnership far                   
             exceeded Darwin's contributions and that an inequity would               
             be visited on James if the profits of the business were                  
             shared equally.  The State court ordered that each partner               
             be repaid his capital contributions before the profits of                
             the partnership were divided equally between them.  The                  
             order of the State court stated as follows:                              






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