United States Eighth Circuit

In an action involving a settlement agreement, district court's judgment is reversed where: 1) the court did not abuse its discretion in denying defendant's motion for recusal and disqualification; 2) the court erred in concluding defendant was a guarantor of the alleged settlement agreement between plaintiff and defendant Tri-State Financial (TSF), and erred in finding another man was defendant's agent and had authority to bind him to the settlement; and 3) the court abused its discretion when it took judicial notice of certain meeting minutes and portions of a book written by defendant. Any issues raised by defendant TSF's appeal and plaintiff's cross-appeal are stayed by TSF's bankruptcy.

Appellate Information

• Decided 03/24/2009
• Published 03/24/2009

Judges

• RILEY, Circuit Judge., Before MURPHY, RILEY, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David L. Nadolsi, argued, Sioux Falls, SD (Nicole Nachtigal Emerson, on the brief), for appellant Tri-State.


• For Appellees:
  
• Patrick J. Lee-O'Halloran, Marvin T. Fabyanski, Minneapolis, MN, Ronald J. Hall, argued, Aberdeen, SD, for appellee American Prairie Construction.