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LARKEN, INC. v. WRAY

No. 97-3892.

189 F.3d 729 (1999)

LARKEN, INC., Plaintiff-Appellee, v. Dirk WRAY, Defendant-Appellant. Al Yip, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed August 16, 1999.

Attorney(s) appearing for the Case

Thomas C. Walsh, St. Louis, MO, argued (Arthur P. Morello, Jr, Costa Mesa, CA, on the brief), for Appellant.

Mark C. Dangerfield, Phoenix, AZ, argued (L. Richard Williams, Phoenix, AZ, on the brief), for Appellee.

Before: McMILLIAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Following the dissolution of two limited partnerships of which Larken, Inc., Dirk Wray and Al Yip were members, Larken commenced this action in Iowa state court to recover the capital it initially contributed to the partnerships, pursuant to its contractual right to recover such capital prior to the general distribution of the partnerships' assets. Larken also sought its particular share of the general asset distribution. Wray and Yip...

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