Legal Opinion

Shelton v. Kennedy Funding, Inc.

Court of Appeals for the Eighth Circuit

Decided September 24, 2010No. 09-1670PublishedCited by 11 opinions

1Opinion of the Court

RILEY, Chief Judge.

This appeal arises out of the sale of an Arkansas cemetery. A jury awarded the cemetery’s seller, Virgil Shelton, $1,675,000 on his breach-of-contract and fraud claims against Kennedy Funding, Inc. (KFI). KFI appeals. We affirm in part, reverse in part, and remand for reduction of Shelton’s judgment to $675,000.

I. BACKGROUND

A. Factual Background 2

1. Shelton Sells Rest in Peace to Acklin

In 1967, Shelton established the Rest in Peace Cemetery (Rest in Peace) at Hensley, Arkansas. Rest in Peace was a success. Shelton operated Rest in Peace for nearly a quarter of a century…

2Cases cited54 opinions

  1. Baxter v. PalmigianoSupreme Court of the United States · 1976
  2. Domino's Pizza, Inc. v. McDonaldSupreme Court of the United States · 2006
  3. New York Trust Co. v. EisnerSupreme Court of the United States · 1921
  4. Washington State Department of Social & Health Services v. Guardianship Estate of KeffelerSupreme Court of the United States · 2003
  5. C. Thomas RYTHER, Plaintiff-Appellee, v. KARE 11, an NBC Affiliate; Gannett Co., Inc., Defendants-AppellantsCourt of Appeals for the Eighth Circuit · 1997

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3Cited by11 opinions

  1. Kevin Cowden v. BNSF Railway CompanyCourt of Appeals for the Eighth Circuit · 2012
  2. American Automobile Insurance v. Omega Flex, Inc.Court of Appeals for the Eighth Circuit · 2015
  3. COCKRAM v. Genesco, Inc.Court of Appeals for the Eighth Circuit · 2012
  4. Linden v. CNH AMERICA, LLCCourt of Appeals for the Eighth Circuit · 2012
  5. Dawn Lawrey v. Kearney Clinic, P.C.Court of Appeals for the Eighth Circuit · 2014

6 more not listed; retrieve them via the Exa API.

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