Lewis D. Yarborough Robert L. Williamson v. Devilbiss Air Power, Inc.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This is an action by Lewis Yarborough and Robert Williamson to recover on various claims related to their sale of the Ex-Cell Manufacturing Company to DeVilbiss Air Power, Inc. The plaintiffs appeal from the district court’s 2 order granting summary judgment on their claims for actual fraud, constructive fraud, and breach of an implied covenant of good faith and fair dealing. For the reasons expressed below, we affirm.

I

We inquire first into the propriety of summary judgment on the claims for actual and constructive fraud. The elements of a cause of action…