Legal Opinion · Dissent

Keystone Fruit Marketing, Inc. v. Brownfield

Court of Appeals for the Ninth Circuit

Decided September 2, 2008No. 07-35239Published

1DissentHall, Circuit Judge

I see this case differently than the majority, and therefore must respectfully dissent.

I

Defendant William Brownfield owned a one-third share in Walla Walla Keystone, LLC, as did Plaintiff Bob Evans and a third partner, Kurt Schweitzer. Evans and Schweitzer contributed start-up capital for the firm. Instead of paying his share out of pocket, Brownfield asked Ev*461ans to loan him the money—totaling approximately $200,000—on the expectation that the debt would be repaid when Walla Walla Keystone became profitable. The loans from Evans were evidenced by six documents executed by Brownfield. These…

2Cases cited8 opinions

  1. Federal Trade Commission v. Publishing Clearing House, Inc.Court of Appeals for the Ninth Circuit · 1997
  2. NATIONAL STEEL CORPORATION, a Delaware Corporation, Plaintiff-Appellee, v. GOLDEN EAGLE INSURANCE COMPANY, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
  3. Retail Clerks Health & Welfare Trust Funds v. Shopland Supermarket, Inc.Washington Supreme Court · 1982
  4. City of Everett v. Estate of SumstadWashington Supreme Court · 1981
  5. Vogt v. HovanderCourt of Appeals of Washington · 1980

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