United States Eighth Circuit

In an action for breach of contract and various torts, district court judgment is reversed where the court erred in: 1) granting defendant summary judgment on a breach of contract claim as the parties' contract was ambiguous on the disputed provisions, and thus both parties should have the opportunity to introduce extrinsic evidence favorable to their interpretation of the provisions; 2) granting defendant summary judgment on a fraudulent misrepresentation claim as there was a genuine issue of fact exists as to whether the disclosure of certain facts was material; and 3) granting defendant summary judgment on the claims for breach of fiduciary duty, negligence and rescission.

Appellate Information

• Decided 07/27/2009
• Published 07/27/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James L. Moeller, argued, Barrett Jay Vahle, on the brief, Kansas City, MO, for appellant.


• For Appellees:
  
• Richard H. Kuhlman, argued, Geoffrey Gerald Gerber, Jill W. Lens, on the brief, St. Louis MO, for appellee.