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DARMS v. McCULLOCH OIL CORP.

No. 82-2453.

720 F.2d 490 (1983)

Don DARMS and Velma Darms, his wife; Edward C. Matthiesen and Vivian L. Matthiesen, his wife; William F. Miller and Violette J. Miller, his wife, Appellants, v. McCULLOCH OIL CORPORATION; McCulloch Properties, Inc.; McCulloch Recreational Properties, Inc.; Holly Development Corporation; Pratt Properties, Inc.; Cattlemens Title Guarantee Company; The Pratt Group; Holiday Island Suburban Improvement District; and Larry Stamps; Western States Publishers, Inc., James Quiggle and Lorne B. Pratt, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 3, 1983.

Attorney(s) appearing for the Case

P. Terence Crebs, Audrey G. Fleissig, St. Louis, Mo., Thomas D. Ledbetter, Ledbetter & Associates, Harrison, Ark., for appellants Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Mo., of counsel.

Kenneth H. Castleberry, Epley, Epley & Castleberry, Ltd., Eureka Springs, Ark., for appellee Holiday Island Suburban Improvement Dist.

Wright, Lindsey & Jennings, Philip S. Anderson, Little Rock, Ark., Kadison, Pfaelzer, Woodard, Quinn & Rossi, Thomas J. McDermott, Jr., Howard O. Boltz, Jr., Los Angeles, Cal., for appellees.

Before HEANEY, ROSS and JOHN R. GIBSON, Circuit Judges.

HEANEY, Circuit Judge.

The plaintiffs — individual purchasers of lots within the Holiday Island residential and recreational development in Carroll County, Arkansas, and Barry County, Missouri — filed the present action in the United States District Court for the Western District of Arkansas on November 24, 1978. The defendants are the developers of Holiday Island, an Arkansas improvement district authorized to construct and maintain various improvements...

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