Dubinsky v. MERMART, LLC
Court of Appeals for the Eighth Circuit
1Opinion of the Court
JARVEY, District Judge.
John Dubinsky, William Stern, Alvin Siteman, Eldon Schoenberg, David Rasch, and Jack Cregan (“Subordinate Bondholders”) invested in a refinancing ven ture for a real estate development. They sued the developer of the project, Mermart, L.L.C. (“Mermart”), alleging breach of contract and demanding equitable accounting for failure to pay interest under the financing documents, as well as alleging unjust enrichment, negligence, and fraudulent misrepresentation based on alleged representations that the project was free from environmental hazards. The district court 2…
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