HOLMES v. TORGUSON

Nos. 93-3529, 93-3532.

41 F.3d 1251 (1994)

Gary S. HOLMES, Plaintiff-Appellant, v. Marlin F. TORGUSON, Mardi Gras Casino Corp., Delta Casino Corp., Defendants-Appellees. DELTA CASINO CORP., Counterclaim Plaintiff-Cross-Appellant, v. Gary S. HOLMES, Commercial State Bank of Minnesota, Counterclaim Defendants-Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 7, 1994.


Attorney(s) appearing for the Case

Robert J. Tansey, Jr., Minneapolis, MN, argued (David E. Oslund and Thomas J. Undlin, on the brief), for Gary S. Holmes.

Gregory Lee Wilmes, Minneapolis, MN, argued (Mark J. Briol, on the brief), for Mardi Gras Corp. and Delta Casino Corp.

Jerome S. Rice, Minneapolis, MN, argued (Mark V. Steffenson, on the brief), for Marlin F. Torguson.

Before BOWMAN, Circuit Judge, WEIS, Senior Circuit Judge, and LOKEN, Circuit Judge.


LOKEN, Circuit Judge.

In this diversity action, Gary Holmes seeks damages equal to one-half of Marlin Torguson's equity interest in a lucrative gaming enterprise. Holmes's claim is based on the alleged wrongful termination of an oral joint venture agreement. The district court1 granted summary judgment dismissing Holmes's claims, primarily on the ground that the alleged agreement is unenforceable under the statute of frauds in Article...

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