Eastern Energy, Inc. And Eastern Securities, Inc. v. Unico Oil & Gas, Inc., Sby Partnership and Edsel Burkhart

GEE, Circuit Judge:

Eastern Energy, Inc., and its sister corporation, Eastern Securities Inc., (collectively Eastern) appeal from a district court judgment dismissing, with prejudice, their claims against Appellees. We find the Ap-pellee failed to show that the settlement agreement constituted an accord and satisfaction and thus the district court erred in dismissing Eastern’s claims with prejudice. The judgment of the district court is, therefore, modified to dismiss Eastern’s claims without prejudice.

The facts giving rise to the lawsuit involved disputes over obligations and rights arising…