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F & H INV. CO. v. SACKMAN-GILLILAND CORP.

Nos. 83-1707, 83-1711.

728 F.2d 1050 (1984)

F & H INVESTMENT COMPANY, INC., a Minnesota corporation, Appellee and Cross-appellant, v. SACKMAN-GILLILAND CORPORATION, a New York corporation, Appellant and Cross-appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 24, 1984.

Attorney(s) appearing for the Case

Fred Allen & Associates, Ltd. by Fred Allen, Edina, Minn., for appellant/cross-appellee.

Dorsey & Whitney by Michael Pysno, Robert Bayer, Minneapolis, Minn., for appellee/cross-appellant.

Before HEANEY and FAGG, Circuit Judges, and HANSON, Senior District Judge.

HANSON, Senior District Judge.

The action below was brought by F & H Investment Company, Inc. (plaintiff) against one of its lenders, Sackman-Gilliland Corporation (defendant). Plaintiff sued defendant on various theories, but only two are relevant to this appeal: breach of fiduciary duty and fraudulent misrepresentation. A jury returned verdicts for plaintiff on both breach of fiduciary duty and fraudulent misrepresentation. The court granted defendant judgment...

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