Legal Opinion

AMERICAN PRAIRIE CONSTRUCTION CO. v. Hoich

Court of Appeals for the Eighth Circuit

Decided February 16, 2010No. 08-1288, 08-1394PublishedCited by 29 opinions

1Opinion of the Court

RILEY, Circuit Judge.

Tri-State Financial, LLC (TSF) appeals the district court’s finding that TSF formed an enforceable settlement agreement with North Central Construction, Inc. (NCC) 1 on June 21, 2004, during bankruptcy proceedings for Tri-State Ethanol (TSE). 2 NCC cross-appeals, claiming the district court abused its discretion by denying NCC reasonable attorney fees. Because no enforceable contract was formed, we reverse and also dismiss NCC’s cross-appeal as moot.

I. BACKGROUND

A. Tri-State Ethanol Bankruptcy Proceedings

In 2001, NCC built an ethanol plant in Rosholt, South Dakota. TSE…

2Cases cited28 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Liteky v. United StatesSupreme Court of the United States · 1994
  3. Protective Committee for Independent Stockholders of TMT Trailer Ferry, Inc. v. AndersonSupreme Court of the United States · 1968
  4. Harold M. Reynolds v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1988
  5. Groseth International, Inc. v. Tenneco, Inc.South Dakota Supreme Court · 1987

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

3Cited by29 opinions

  1. Southern Wine & Spirits v. Mountain Valley Spring Co.Court of Appeals for the Eighth Circuit · 2011
  2. ARMENIAN ASSEMBLY OF AMERICA, INC. v. CafesjianDistrict Court, District of Columbia · 2011
  3. In re KingUnited States Bankruptcy Court, S.D. Texas · 2016
  4. Philip Morris USA Inc. v. United States Food and Drug AdministrationDistrict Court, District of Columbia · 2016
  5. Joe Smith v. David H. Arrington Oil & GasCourt of Appeals for the Eighth Circuit · 2012

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

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