United States Eighth Circuit
Creative Marketing Assocs., Inc. v. AT&T, 05-4074
Summary judgment for AT&T on plaintiff's claims for money owed, breach of fiduciary duty, and fraud, and denial of a claim for the imposition of a constructive trust are affirmed where: 1) the parties' agreement could not be modified by statements or promises plaintiff claimed were made before the contract was signed; 2) another statement did not support its claim of improper chargebacks; 3) a claim that plaintiff was exempt from all chargebacks was contradicted by the agreement; and 4) fraud and breach of fiduciary duty claims were barred by the applicable statutes of limitations.
Appellate Information
- Decided 02/02/2007
- Published 02/02/2007
Judges
- WOLLMAN, Circuit Judge., Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Dennis James Campbell Owens, Stephen B. Small, Kansas City, MO, for Appellant.
- For Appellees:
- George Edgar Wolf, III, Douglas W. Robinson, Shook & Hardy, Kansas City, MO, Alan M. Unger, Nicholas P. Crowell, Sidley & Austin, New York, NY, for Appellee.