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KESSLER v. NATIONAL ENTERPRISES, INC.

No. 99-4250.

203 F.3d 1058 (2000)

Donald D. KESSLER, et al., individually and on behalf of all others similarly situated, Appellants, v. NATIONAL ENTERPRISES, INC.; Arkansas No. 1 LCC, Appellees/Cross-Appellants, v. Lake Hamilton Resort, Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 9, 2000.

Attorney(s) appearing for the Case

Peter G. Kumpe and Patrick W. McAlpine, Little Rock, Arkansas, for appellants.

Jay Bequette, Little Rock, Arkansas, and Don M. Schnipper, Hot Springs, Arkansas, for appellees.

Before BOWMAN and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

Resort condominium owners sued their developer's successor-in-interest, National Enterprises, Inc. ("NEI"), because the new owner of an adjacent hotel was denying access to the condominium properties, and was refusing to provide utilities, parking, and other amenities. NEI removed the action to federal court and filed a third-party complaint against the hotel owner, Lake Hamilton Resort, Inc. ("Lake Hamilton"), to enforce a license agreement...

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