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memorandum of law). Weavewood’s memorandum of law stated in part
as follows:
This memorandum of law is submitted in support of
Plaintiff’s Motion for a Temporary Injunction prevent-
ing Plaintiff’s former President, Board of Director and
Secretary Treasurer, Defendant from continuing to use
certain equipment, financial documents and corporate
funds that he has misappropriated from Plaintiff,
Weavewood, and requiring Defendant to return the equip-
ment, corporate funds and financial documents and
preventing Defendant access to the premises of
Weavewood, Inc.
FACTS
Plaintiff, Weavewood, Inc. is a family run busi-
ness and has been in the business of making wood prod-
ucts since the 1940's. In 1991 the sole shareholder of
the company, Howard Thompson, Sr. past [sic] away and
his estate is currently in probate. Pursuant to his
Last Will and Testament he appointed his wife Virgene
Thompson as personal administrator and also gave her
the authority to make all of the decisions regarding
the business. * * * Approximately one year ago she
appointed Howard Thompson, Jr. her son to the positions
of President, Chairman of the Board and Secretary/
Treasurer, he was also the only signor on the corporate
checking account. * * *
Thereafter the business suffered financially, bills
were not being paid, taxes were not being paid, stocks
which the company had owned for decades were being sold
and corporate funds were being used by Howard Thompson,
Jr. for non-business purposes. * * * Based on these
findings, Virgene Thompson removed Howard Thompson, Jr.
from his corporate officer positions on July 12, 1996.
* * * A board meeting followed appointing new officers.
* * * * * * *
The company has since learned from Norwest Bank
that at approximately 5:00 p.m. on July 12, 1996 after
Howard Thompson had been removed from his officer
positions, he wrote a check to himself from the
Weavewood account in the amount of $16,000.00. * * *
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