BARRY v. BARRY

No. 95-1494.

78 F.3d 375 (1996)

Sandra BARRY, also known as Sandra Barry Lieberman, an individual, Appellant, v. Charles L. BARRY, Melanie G. Barry, Lawrence Swartz, Marcia Barry Swartz, Twin City Fan and Blower Company, a Minnesota corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1996.

Rehearing and Suggestion for Rehearing Denied April 19, 1996.


Attorney(s) appearing for the Case

Jeff I. Ross, Minneapolis, Minnesota, argued (Lawrence T. Hoffman and Rolf E. Gilbertson, on the brief), for appellant.

Roger J. Magnuson, Minneapolis, Minnesota, argued (David Y. Trevor and Clifford S. Anderson, on the brief), for appellees.

Before McMILLIAN, BOWMAN, and WOLLMAN, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied April 19, 1996.

WOLLMAN, Circuit Judge.

Sandra Barry Lieberman appeals the district court's grant of summary judgment to defendants on her claims for fraud, breach of fiduciary duty, and breach of contract surrounding the sale of her shares of stock in a family-owned business. Because we find that factual questions remain, we reverse and remand for a jury determination of the issues.

I.

...

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