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MAURICE SUNDERLAND ARCHITECTURE, INC. v. SIMON

Nos. 92-3455, 92-3655.

5 F.3d 334 (1993)

MAURICE SUNDERLAND ARCHITECTURE, INC.; Maurice Sunderland, Individually, Appellants/Cross-Appellees, v. Melvin SIMON, individually and respectively Chairman of the Boards, and President, and as controlling parties of the other corporate and partnership Defendants; Herbert Simon, individually and respectively Chairman of the Boards, and President, and as controlling parties of the other corporate and partnership Defendants; Triple Five Corporation, Ltd.; Triple Five Minnesota, also known as Triple Five Corporation, Inc.; Mall of America, Inc.; Mall of America Company; Melvin Simon & Associates, Inc.; Si-Minn, Inc.; Si-Minn Developers, Limited Partnership; Mall of America Associates, Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 22, 1993.

Attorney(s) appearing for the Case

Sidney Feldshuh, Hackensack, NJ, for appellants.

Gary Van Cleve, Bloomington, MN, for appellees.

Before McMILLIAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and HANSEN, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

Maurice Sunderland and the architectural firm that bears his name (collectively referred to as "Sunderland") appeal the district court's entry of summary judgment and dismissal of his claims of breach of contract and the covenant of good faith and fair dealing. The appellees (collectively referred to as "the mall interests") cross-appeal the district court's refusal to award sanctions pursuant to Fed.R.Civ.P. 11. We affirm in...

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