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IN RE USERY

No. 96-4043.

123 F.3d 1089 (1997)

In re: Mary Beth USERY, Debtor. Ewing B. GOURLEY; Carol L. Gourley, Plaintiffs-Appellees, v. Mary Beth USERY; Steven Usery; James McLeod, Trustee, Defendants-Appellants, Fred C. Moon, Trustee of the Estate of Mary Beth Usery, Appellant. Mary Beth USERY; Steven Usery; James McLeod, Trustee of the Shawn Usery Trust and the Stephanie Usery Trust, Plaintiffs-Appellants, William Hart, Trustee Under Certain Deeds of Trust, Plaintiff, v. Ewing B. GOURLEY; Carol L. Gourley; E.B.G. Health Care III, Inc.; E.B.G. Health Care IV, Inc.; Health Care Retirement Village, Inc.; Health Care Laundry Services, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1997.

Attorney(s) appearing for the Case

Mark E. Gardner, Springfield, MO, argued, for Defendants-Appellants.

Devon F. Sherwood, Springfield, MO, argued, for Plaintiffs-Appellees.

Before BOWMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and KYLE, District Judge.

BOWMAN, Circuit Judge.

This adversary proceeding arises out of a nursing home sale tainted by fraud. The Bankruptcy Court awarded the purchasers, Ewing and Carol Gourley, more than $5.4 million in damages resulting from the fraudulent representations of the sellers, Mary Beth and Steven Usery. The Userys appealed to the District Court, which affirmed. We now affirm as to liability but reverse and remand for a new trial on damages.

I.

In 1988, Mary...

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