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ORION FIN. CORP. OF S.D. v. AMERICAN FOODS GROUP

Nos. 98-3968, 98-3969.

201 F.3d 1047 (2000)

ORION FINANCIAL CORP. OF SOUTH DAKOTA, a South Dakota corporation, Plaintiff-Appellee/Cross-Appellant, v. AMERICAN FOODS GROUP, INC., a Delaware corporation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed January 13, 2000.

Attorney(s) appearing for the Case

Margaret M. Prahl, Edward C. Poulsen, Sioux City, IA, for Appellant.

Lee Schoenbeck, Jack H. Hieb, Webster, SD, for Appellee.

Before: WOLLMAN, Chief Judge, LAY and BOWMAN, Circuit Judges.

LAY, Circuit Judge.

The agreement at the heart of this dispute provided that Orion Financial Corp. of South Dakota (Orion) would assist American Foods Group, Inc. (American Foods) in procuring financing in the form of grants and loans and, in exchange, Orion would be compensated for its services. The compensation was to be in the form of a base fee plus percentages of the financing obtained during the term of the agreement. These percentages were known as success...

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