United States Eighth Circuit

In a suit for declaratory judgment, breach of contract, and breach of fiduciary duty arising after plaintiff was removed as a member of a group of limited liability companies organized to redevelop a hotel, summary judgment for defendants and a judgment following trial is affirmed where: 1) contrary to plaintiff's claim, its removal was valid under the operating agreements; and 2) there was no clear error as to the trial court's determination of the Redemption Price.

Appellate Information

• Decided 07/29/2008
• Published 07/29/2008

Judges

• BENTON, Circuit Judge., Before MURPHY, BRIGHT, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• James Walter Erwin, argued, St. Louis, MO, Anthony L. Gosserand, on the brief, Kansas City, MO, for appellant/cross-appellee., Michael D. Pospisil, argued, John M. Edgar and Daniel R. Young, on the brief, Kansas City, MO, for appellee/cross-Appellant.