United States Eighth Circuit

In a case arising from a contract dispute involving a 1996 transaction between the parties, summary judgment for plaintiff on a counterclaim, finding that a provision at issue was unenforceable because it was merely an agreement to agree, is affirmed over claims that the district court violated the law-of-the-case doctrine and erred in granting summary judgment.

Appellate Information

• Decided 08/27/2008
• Published 08/27/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael C. Cox, argued, Omaha, NE, Daniel J. Fischer, Omaha, NE, George W. Soule, Omaha, NE, George W. Soule, Minneapolis, MN, on the brief, for appellant.


• For Appellees:
  
• Dudley W. Von Holt, argued, Ann Elizabeth Blackwell, Bruce D. Ryder, St. Louis, MO, on the brief, for appellee.