Legal Opinion
Kessler v. National Enterprises, Inc.
Court of Appeals for the Eighth Circuit
Decided October 30, 2003No. Nos. 02-3715, 02-3774PublishedCited by 4 opinions
1Opinion of the Court
BYE, Circuit Judge.
This is a class action dispute over a timeshare development in Hot Springs, Arkansas. The case originated in state court and was removed to federal district court based on diversity jurisdiction. This is the fourth decision the Eighth Circuit has issued in the case, all involving varied topics. The first resolved questions regarding the application of the D’Oench1 doctrine. Kessler v. Nat’l Enters., Inc., 165 F.3d 596 (8th Cir.1999) (Kessler I). The second involved the timing of a challenge to the dismissal of a third-party complaint. Kessler v. Nat’l Enters., Inc., 203…
2Cases cited24 opinions
- D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
- Barbara Allen v. R & H Oil & Gas Company, Farrar Oilfield Service and Equipment Co., and Tri-State Oil Services, Inc., Tri-State Oil Services, Inc.Court of Appeals for the Fifth Circuit · 1995
- Gibson v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 2001
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3Cited by4 opinions
- Breakman v. AOL LLCDistrict Court, District of Columbia · 2008
- Kessler v. National Enterprises, Inc.Court of Appeals for the Eighth Circuit · 2003
- Williams v. Wells Fargo Bank, National Ass'nDistrict Court, W.D. Missouri · 2014
- Besse v. General Motors Corp.District Court, D. South Carolina · 2004