- 5 - 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:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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