United States Eighth Circuit

In an action for fraud and tortious interference with contract, summary judgment for defendant is affirmed as to the tortious interference claim as there was no contract with which defendant could have interfered. However, the fraud claim is remanded for further proceedings where, contrary to the ruling below, the circuit court finds that the Arkansas Supreme Court would hold that liability for fraud attaches in cases where a defendant lacked knowledge that his or her representation was false but did not know whether it was true or not.

Appellate Information

• Decided 01/04/2008
• Published 01/04/2008

Judges

• ARNOLD, Circuit Judge., Before COLLOTON, ARNOLD, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Katalina R. McMichael, argued, Fort Smith, AR, for appellant.


• For Appellees:
  
• Gregory G. Smith and Kenneth W. Cowan, argued, Fort Smith, AR, for appellee.