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Business Associations Keyed to Diamond, 6th Ed.
Koch v. Hankins
Citation:
928 F.2d 1471 (1991)Facts
The investment scheme involved thirty-five different general partnerships, each purchasing eighty acres of land from corporations owned by the promoters. Approximately 160 investors participated in the scheme, investing in partnerships that collectively formed a 2,700-acre jojoba plantation. The partnership agreements granted partners significant legal powers, including the right to vote on management decisions, remove managers, and access partnership records. However, the investors allege they were told from the outset that farming jojoba in 80-acre parcels was economically infeasible and that their land would be farmed as part of the larger plantation. None of the investors had experience in jojoba farming, and they relied on the expertise of the promoters and an on-site manager selected by the promoters. The investors claim they never intended to play an active role in managing the farming operations. All thirty-five partnerships shared common management, consultants, and infrastructure, including a field office financed by contributions from all partnerships.
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