Floral Lawns Mem'l Gardens Ass'n v. Becker
Annotate this CaseThe district court placed Appellant's corporation, a cemetery association, into receivership and approved the winding up of the business and its dissolution. The court then fashioned an equitable remedy for distribution of the resulting funds, which Appellant challenged on appeal. At issue was whether the district court had the power to take these actions. The Supreme Court affirmed as modified, holding (1) the district court properly appointed the receiver; but (2) because the statutory requirements for judicial dissolution were not met, the receiver's actions in winding up Floral Lawns and selling its assets were improper and outside the power of the court to approve. The Court then crafted a remedy according to equitable principles.
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