Loftness Specialized Farm Equipment, Inc. v. Twiestmeyer

GRUENDER, Circuit Judge.

Loftness Specialized Farm Equipment, Inc. (“Loftness”) brought a declaratory judgment action against Terry Twiestmeyer, Steven Hood, and Twiestmeyer & Associates, Inc. (“TAI”) involving contracts associated with the development, manufacture, and sale of grain-bagging equipment. Twiestmeyer, Hood, and TAI then asserted counterclaims against Loftness for, among other things, breach of two contracts: an agreement providing for two-percent override payments (“Override Agreement”) on grain-bagging-equipment sales and a non-disclosure agreement (“NDA”). The district court…