United States Eighth Circuit

In a suit brought by a collection of partnerships and a unit trust for breach of contract over defendant's refusal to pay plaintiffs a "make-whole" premium allegedly owed under an indenture, dismissal of the complaint for failure to state a claim is affirmed where the district court did not err in interpreting the provisions of the indenture at issue or in determining that plaintiff was not entitled to a make-whole premium under its terms.

Appellate Information

• Decided 04/06/2007
• Published 04/06/2007

Judges

• SMITH, Circuit Judge., Before MELLOY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeff I. Ross, argued, Minneapolis, MN (Jonathan F. Mack and Steven M. Pincus, Minneapolis, MN, on the brief), for appellants.


• For Appellees:
  
• David C. Pollack, argued, Miami, FL (Jay B. Shapiro, Miami, on the brief), for appellee.