United States Eighth Circuit

Dubinsky v. Mormart, LLC, 09-2072

In an action by investors in a refinancing venture for a real estate development claiming misrepresentations by the developer that the project was free from environmental hazards, summary judgment for defendant is affirmed where the parties' Subordination Agreement required plaintiffs, who were Subordinate Bondholders, to obtain the written consent of the Senior Mortgagee before bringing an enforcement action.

Appellate Information

• Submitted 01/12/2010
• Decided 02/10/2010
• Published 02/10/2010

Judges

• JARVEY, District Judge., Before GRUENDER and SHEPHERD, Circuit Judges, and JARVEY,District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Edward J. Sluys, argued, St. Louis, MO (Mitchell A. Margo, on the brief), for Plaintiffs-Appellants.


• For Appellees:
  
• John D. Comerfort, argued, St. Louis, MO (Edward L. Dowd, Jr., James F. Bennett, on the brief), for Defendant-Appellee.