Cavare v. Kjelgren
Annotate this CaseChristopher Kjelgren appealed a district court judgment entered in favor of Cavare, Inc., and the subsequent order denying his motion for relief from the judgment. In 2017, Cavare, Inc. (also referred to as “Cavare USA”) commenced this action seeking a judgment declaring Cavare USA the rightful owner of a one-third interest in Petroleum Services Drilling Motors, Inc. (“PSDM”), and claiming breach of fiduciary duty, conversion, and unjust enrichment to recover $230,000 in shareholder distributions that PSDM had made to Kjelgren. Following a bench trial, the district court found Cavare USA was the owner of the disputed PSDM shares and $230,000 in shareholder distributions issued to Kjelgren belonged to Cavare USA. The North Dakota Supreme Court concluded the court’s finding that Cavare, Inc. was the rightful owner of disputed shares corresponding to a one-third interest in Petroleum Services Drilling Motors, Inc. was not clearly erroneous. Furthermore, the Supreme Court concluded the court did not abuse its discretion in denying his motion for relief from the judgment under N.D.R.Civ.P. 60.
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