United States Eighth Circuit

In a breach of contract action related to the sale of military aircraft to Kuwait, district court grant of summary judgment for defendant is affirmed where: 1) the court did not err in holding the parties' contract barred plaintiff's claim for a commission on the sale of certain Apache helicopters; 2) plaintiff's claims concerning commissions for the sale of A-4 fighters was time barred; 3) defendant did not breach the implied covenant of good faith and fair dealing by not renewing the parties' earlier agreement as it allowed for non-renewal; and 4) claims for quantum meruit and unjust enrichment are precluded by the unambiguous express terms of the parties' agreements.

Appellate Information

• Decided 07/07/2009
• Published 07/07/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David S. Evinger, argued, Minneapolis, MN, Robert J. Gilbertson, Terrence R. Joy, Daniel W. Berglund, Minneapolis, MN, Gerard T. Noce, St. Louis, MO, on the brief, for appellant.


• For Appellees:
  
• Charles A. Weiss, argued, Stephen Snodgrass, Gabriel E. Gore, on the brief, St. Louis, MO, for appellees.