United States Eighth Circuit

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Same Day Surgery Ctrs., L.L.C. v. Montana Reg'l Orthopedics, L.L.C., 04-3908, 04-3909

Judgment for plaintiff on contract claims involving its construction of an ambulatory surgical center is affirmed where denial of plaintiff's primary claim for reimbursement was proper since plaintiff failed to show it was entitled to additional payments under the parties' agreement.

Appellate Information

  • Decided 12/30/2005
  • Published 12/30/2005


  • LOKEN, Chief Judge., Before LOKEN, Chief Judge, WOLLMAN and BYE, Circuit Judges.


  • United States Eighth Circuit


  • For Appellant:
  • Thomas G. Barry, argued, Eden Prairie, MN (Justin L. Templin of Eden Prairie, MN, on the brief), for appellant.

  • For Appellees:
  • Quentin M. Rhoades, Missoula, MT (M. Gregory Simpson, Minneapolis, MN, on brief), for appellee.

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