United States Eighth Circuit

Summary judgment for defendant-counterclaimant in a dispute arising from a merger is reversed where the district court erred upon remand in finding that the law of the case doctrine compelled a finding that plaintiff owed defendant a fiduciary duty, and a statutory defense barring individual liability had been constructively pled to preclude a summary judgment in the absence of additional legal determinations.

Appellate Information

• Decided 01/22/2007
• Published 01/22/2007

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BRIGHT, and BOWMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Elizabeth C. Carver, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Philip E. Kaplan, argued, Little Rock, AR, for appellee.